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ARTICLE · 03 SEPTEMBER 2015

No General Right For Grievors To Remain Unidentified In Labour Arbitration Decisions

Borden Ladner Gervais LLP
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The British Columbia Court of Appeal has confirmed that there is no general right for grievors or witnesses to avoid having their names disclosed in labour arbitration awards.

CanadaEmployment and HR
Lisa Carlson
Lisa Carlson
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The British Columbia Court of Appeal (in a recent case identified as United Food & Commercial Workers Union, Local 1518 v. Sunrise Poultry Processors Ltd.) has confirmed that there is no general right for grievors or witnesses to avoid having their names disclosed in labour arbitration awards. The Court concluded that labour arbitrators are bound by the requirements of the Personal Information Protection Act ("PIPA"), but that they are not required to obtain consent from grievors or witnesses to disclose personal information about those individuals in arbitral awards.

In the context of a grievance over the termination of a unionized truck drive, the United Food & Commercial Workers Union, Local 1518 (the "Union") argued that grievors and witnesses' personal information could only be disclosed in arbitral awards with those individuals' express consent, raising concerns about increased opportunities for misuse of such personal information in light of widespread

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