Falconbridge Ltd. v. Sudbury Mine-Mill and Smelter Workers' Union, Local 598 et al., (1991) 44 O.A.C. 327 (DC)

• Judge: Callaghan, C.J.O.C., O'Driscoll and O'Brien, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: December 17, 1990
• Jurisdiction: Ontario
• Citations: (1991), 44 O.A.C. 327 (DC)

Falconbridge v. Sudbury Mine-Mill (1991), 44 O.A.C. 327 (DC)

MLB headnote and full text

Falconbridge Limited (applicant) v. Sudbury Mine-Mill and Smelter Workers' Union Local 598, Brian Langille, Elizabeth McIntyre and Mary Weaver (respondents)

(No. 1146/89)

Indexed As: Falconbridge Ltd. v. Sudbury Mine-Mill and Smelter Workers' Union, Local 598 et al.

Ontario Court of Justice

General Division

Divisional Court

Callaghan, C.J.O.C., O'Driscoll and O'Brien, JJ.

January 9, 1991.

Summary:

An employee who had been on leave and receiving workers' compensation benefits grieved when he was not allowed to return to work. The arbitration board allowed the grievance. The employer applied for judicial review.

The Ontario Court of Justice (General Division), Divisional Court, dismissed the application.

Labour Law - Topic 6603

Industrial relations - Collective agreement - Interpretation - Layoffs - Recall after layoff - An employee was in his 38th week of being off work on workers' compensation, when he was laid off - The collective agreement specifically provided that seniority shall be maintained and accumulated during any absence for injury and during layoff, but only for the period of recall rights (60 months after the date of layoff) - The employee could not return to work during the recall period because of his injury; he was not permitted to return when he was able, because the 60 months had ended - The Ontario Divisional Court upheld, as reasonable, an arbitration board's decision that the employee was wrongly denied the right to return to work.

Cases Noticed:

Toronto (City) v. Canadian Union of Public Employees et al. (1990), 39 O.A.C. 82; 70 O.R.(2d) 238 (C.A.), refd to. [para. 14].

Dayco (Canada) Ltd. v. National Automobile, Aerospace and Agricultural Implement Workers Union of Canada (CAW-Canada) (1990), 40 O.A.C. 219; 74 O.R.(2d) 648 (C.A.), refd to. [para. 14].

Ontario Public Service Employees Union v. Forer and Ontario Public Service Labour Relations Tribunal (1985), 12 O.A.C. 1; 23 D.L.R.(4th) 97 (C.A.), refd to. [para. 14].

Counsel:

N. MacL. Rogers, Q.C., for the applicant;

C.G. Paliare, for the respondent Union.

This application was heard before Callaghan, C.J.O.C., O'Driscoll and O'Brien, JJ., of the Ontario Court of Justice (General Division), Divisional Court, on December 17, 1990. The decision of the Divisional Court was delivered by O'Driscoll, J., and released on January 9, 1991.