Manitoba Association of Health Care Professionals v. Community Therapy Services Inc., 2015 MBQB 176

JudgeDewar, J.
CourtCourt of Queen's Bench of Manitoba (Canada)
Case DateNovember 05, 2015
JurisdictionManitoba
Citations2015 MBQB 176;(2015), 321 Man.R.(2d) 273 (QB)

Health Care v. Com. Therapy (2015), 321 Man.R.(2d) 273 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. NO.022

The Manitoba Association of Health Care Professionals (applicant) v. Community Therapy Services Inc. (respondent)

(CI 13-01-85818; 2015 MBQB 176)

Indexed As: Manitoba Association of Health Care Professionals v. Community Therapy Services Inc.

Manitoba Court of Queen's Bench

Winnipeg Centre

Dewar, J.

November 5, 2015.

Summary:

The employer was a non-profit corporation that employed occupational therapists and physiotherapists that were assigned to health institutions. The grievor was working a .3 EFT position at a personal care home. The personal care home informed the employer that they did not want the grievor as their occupational therapist. As this was the second personal care home that had refused to accept the grievor's services, the employer informed the grievor that his employment had ended for "lack of work". He was provided with four weeks' notice. The grievor asserted that he had been terminated without just cause, contrary to the collective agreement. The employer asserted that the grievor had been laid off. An arbitrator agreed with the employer that the grievor had been laid off for lack of work. The union sought judicial review.

The Manitoba Court of Queen's Bench dismissed the application.

Labour Law - Topic 6591

Industrial relations - Collective agreement - Interpretation - Layoffs - Meaning of "layoff" (incl. temporary layoff) - The employer was a non-profit corporation that employed occupational therapists and physiotherapists that were assigned to health institutions - The grievor was working a .3 EFT position at a personal care home - The personal care home informed the employer that they did not want the grievor as their occupational therapist - As this was the second personal care home that had refused to accept the grievor's services, the employer informed the grievor that his employment had ended for "lack of work" - He was provided with four weeks' notice - The grievor asserted that he had been terminated without just cause, contrary to the collective agreement - The employer asserted that the grievor had been laid off - An arbitrator agreed with the employer that the grievor had been laid off for lack of work - The union sought judicial review, asserting that there was other available work for the grievor - The Manitoba Court of Queen's Bench dismissed the application - Where the employer's business was to provide personnel to other entities, it was reasonable for an employer, when considering the availability of work, to also consider the candidate's suitability for work - It did not make sense for an employer to be unable to take advantage of the layoff provision because there was other unsuitable work available or perhaps only theoretically available - The arbitrator's decision that there was no other work was reasonable.

Labour Law - Topic 7112

Industrial relations - Collective agreement - Enforcement - Arbitration - Judicial review - Scope of review - The Manitoba Court of Queen's Bench stated, "The labour relations regime in this province contemplates the resolution of disputes between employers and employees by an arbitrator pursuant to a grievance procedure set out in a collective agreement. In short, the parties take their problem to a person in whom they both have confidence to render a decision on their dispute. The process is relatively informal and reasonably quick and the objective is to promptly achieve certainty and stability in the workplace at least until the next collective bargaining period. The judicial review decisions from and after Dunsmuir ... are intended to encourage the parties to respect the decisions of the arbitrators whom they appoint. The standard of review of correctness is applicable to only a few select areas of controversy. ... The standard of review of reasonableness is the standard favoured in labour relations cases. ... It imposes an obligation upon a reviewing judge to employ a significant degree of deference to the actions and decision of the arbitrator. In many cases, there is often more than one result which meets the Dunsmuir directory words of 'justification, transparency, and intelligibility', and if more than one such result exists, every alternative result is considered reasonable. It is irrelevant whether or not the reviewing judge may personally favour a result different from the result rendered by the arbitrator." - See paragraph 10.

Cases Noticed:

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 10].

Loewen v. Manitoba Teachers' Society (2015), 315 Man.R.(2d) 123; 630 W.A.C. 123; 2015 MBCA 13, refd to. [para. 10].

Manitoba Association of Health Care Professionals v. Nor-Man Regional Health Authority Inc., [2011] 3 S.C.R. 616; 423 N.R. 95; 275 Man.R.(2d) 16; 538 W.A.C. 16; 2011 SCC 59, refd to. [para. 10].

Gidda v. Taxicab Board (Man.) (2014), 306 Man.R.(2d) 180; 604 W.A.C. 180; 2014 MBCA 58, refd to. [para. 19].

Counsel:

Susan Dawes, for the applicant;

Melissa D.L. Beaumont, for the respondent.

This application was heard by Dewar, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on November 5, 2015.

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