- June 9, 2021
- Miscellaneous
This decision involved a review an arbitration award pursuant to section 99 of the Labour Relations Code. The grievor who was the subject of the arbitration award worked for a number of years as a costume designer on the Employer’s production Supernatural 5 Films Inc. Her employment was terminated by the Employer following a number of harassment allegations concerning her conduct in the workplace. The arbitrator found that there was just cause for discipline but that dismissal from all future Employer productions was excessive and ordered she be reinstated, but that she could not be reinstated to the Supernatural 5 workplace. The Arbitrator left it to the parties to determine the terms of the Grievors reinstatement and that he remain seized with all matters with respect to her return should the parties not be able to resolve the terms amongst themselves.
In the Application to the BCLRB, the Union argued that the award did not provide reasoned analysis and that it erroneously did not provide an alternative to the discipline provided nor did it provide specific remedy. The Board found that the Application was premature as the arbitrator’s decision was not final; it left open the possibility that the arbitrator would make a ruling with respect to the terms of the reinstatement if required. The Board held that it would not conduct a review of arbitration awards until a final decision is rendered unless the issue is a jurisdictional one or there is an allegation of a denial of a fair hearing. As a result, the Board held that the “Parties must now follow the direction of the Arbitrator and complete the arbitration process prior to proceeding to the Board with the Section 99 Application.