Newfoundland Association of Public Employees v. Newfoundland (Attorney General), (1975) 9 Nfld. & P.E.I.R. 85 (NFCA)

• Judge: Furlong, C.J.N., Mifflin and Noel, JJ.
• Court: Court of Appeal (Newfoundland)
• Case Date: December 06, 1974
• Jurisdiction: Newfoundland and Labrador
• Citations: (1975), 9 Nfld. & P.E.I.R. 85 (NFCA)

NAPE v. Nfld. (A.G.) (1975), 9 Nfld. & P.E.I.R. 85 (NFCA);

    12 A.P.R. 85

MLB headnote and full text

Newfoundland Association of Public Employees v. Attorney General for the Province of Newfoundland

Indexed As: Newfoundland Association of Public Employees v. Newfoundland (Attorney General)

Newfoundland Court of Appeal

Furlong, C.J.N., Mifflin and Noel, JJ.

December 9, 1975.

Summary:

This case arose out of a grievance by four employees that they were dismissed without cause. The grievance was submitted to a consensual arbitration board, which decided that there was cause to dismiss the employees. The employees appealed to the Newfoundland Supreme Court. Higgins, J., dismissed the appeal. The employees appealed to the Newfoundland Court of Appeal, which also dismissed the appeal.

The Newfoundland Court of Appeal held that an appeal was open to the employees from the decision of the arbitration board on the ground of error of law on the face of the record. The Appeal Court held that there was no error of law on the face of the record.

Arbitration - Topic 1101

The submission - Effect of submission on powers of arbitrator - Submission to arbitration board consisted of the question of whether there was cause to dismiss certain employees - The Newfoundland Court of Appeal stated that the arbitration board was confined solely to the submission and the board had no jurisdiction to enlarge the submission - Paragraph 31.

Arbitration - Topic 8000

Judicial review of award - Jurisdiction - Error of law -consensual arbitration board upheld the dismissal of employees for cause - Employees appealed decision to the appeal court - The Newfoundland Court of Appeal held that an appeal lies from the decision of a consensual arbitration board to have the decision set aside on the ground of error on the face of the record - Paragraphs 3 and 10.

Arbitration - Topic 8305

Judicial review of award - Jurisdiction - Sufficiency of evidence - Consensual arbitration board upheld the dismissal of employees for cause - Employees appealed decision to the appeal court - The Newfoundland Court of Appeal held that the court had no jurisdiction to assess the evidence heard by the arbitration board - Paragraph 19.

Labour Law - Topic 7060

Industrial relations - Collective agreement - Enforcement - Arbitration - Jurisdiction of arbitrator - Power to vary penalty imposed by employer - The Newfoundland Court of Appeal in obiter dictum stated that in the absence of a provision in the collective agreement an arbitration board had no power to vary a disciplinary penalty imposed by the employer where discipline was justified - Paragraphs 13, 17 to 18, 20 to 22 and 31.

Cases Noticed:

Port Arthur Shipbuilding Company v. Arthurs et al., [1969] S.C.R. 85, appld. [Paras. 10 and 31].

Zeller's (Western) Ltd. v. Retail, Wholesale and Department Store Union, Local 955 (1974), 40 D.L.R.(3d) 761, appld. [Para. 19].

Counsel:

Raymond Halley and E. Hearn, for the appellant;

J.A. Nesbitt, Q.C., for the Attorney General.

This case was heard on December 6, 1974, before Furlong, C.J.N., Mifflin, J., and Noel, J., of the Newfoundland Supreme Court on Appeal. The following judgments were delivered:

FURLONG, C.J.N. - see paragraphs 1 to 7,

MIFFLIN, J. - see paragraphs 8 to 22,

NOEL, J. - dissenting, see paragraphs 23 to 32.