Fanshawe College of Applied Arts and Technology v. Ontario Public Service Employees' Union et al., (1984) 2 O.A.C. 214 (DC)

• Judge: Van Camp, Montgomery and Smith, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: January 18, 1984
• Jurisdiction: Ontario
• Citations: (1984), 2 O.A.C. 214 (DC)

Fanshawe College v. OPSEU (1984), 2 O.A.C. 214 (DC)

MLB headnote and full text

Fanshawe College v. Ontario Public Service Employees' Union et al.

(Action No. 1063/82)

Indexed As: Fanshawe College of Applied Arts and Technology v. Ontario Public Service Employees' Union et al.

Ontario Divisional Court

Van Camp, Montgomery and Smith, JJ.

January 18, 1984.

Summary:

A teacher at Fanshawe College was forced to retire when he reached the age of 65. The teacher grieved alleging that he was dismissed without cause and that he had not been given proper notice. An Arbitration Board awarded the teacher 90 days pay. The employer appealed.

The Ontario Divisional Court allowed the appeal and quashed the arbitration award.

Arbitration - Topic 7995

Judicial review - Jurisdiction of arbitrator - Error of law on the face of the record - What constitutes error of law - A teacher grieved respecting his mandatory retirement - An arbitration board awarded the teacher 90 days pay - The Ontario Divisional Court quashed the board's award because the board exceeded its jurisdiction in making the award after the board determined that the teacher was not discharged, that the retirement was not contrary to management policy, and that retirement was not covered by the collective agreement - See paragraph 11.

Labour Law - Topic 6703

Collective agreement - Interpretation - Management rights - Duty of fairness - The Ontario Divisional Court stated that management decisions, made pursuant to a management rights clause in a collective agreement, are not subject to a duty of fairness test - See paragraph 7.

Cases Noticed:

Metropolitan Toronto Board of Commissioners of Police v. Metropolitan Toronto Police Association et al. (1981), 33 O.R.(2d) 476, affd. 42 N.R. 271 (S.C.C.), refd to. [para. 7].

Re Canadian National Railway and Canadian Telecommunications Union Division (1975), 63 D.L.R.(3d) 385 (Ont. C.A.), refd to. [para. 11].

Statutes Noticed:

Colleges Collective Bargaining Act, R.S.O. 1980, c. 232, sect. 3 [para. 8]; sect. 84 [para. 10].

Counsel:

C.G. Riggs, Q.C., and W.J. Hayter, for the applicant employer;

R. Anand, for the union.

This appeal was heard by Van Camp, Montgomery and Smith, JJ., of the Ontario Divisional Court. The judgment of the Divisional Court was delivered by Van Camp, J., and was released on January, 18, 1984.