Category Archives: Uncategorized

The applicant filed an application with the Alberta Labour Relations Board seeking help resolving a dispute with his union. The applicant alleged that his union dues were being used to fund “non-core” activities in violation of s. 26.1(9) of the … Continue reading →

The employer applied for an interlocutory injunction to enforce post-termination obligations set out in the franchise agreement executed by the defendant. The employer sought to enforce the two year non-solicit and non-competition clause in the agreement along with a provision … Continue reading →

The Saskatchewan Court of Appeal upholds a summary judgment decision that granted the former executive director a 22 month notice period. The employer argued in the court below that the plaintiff was an independent contractor and not an employee. The … Continue reading →

The British Columbia Court of Appeal weighs in on notice periods for short-service employees induced to leave long-term employment. An employee with 17 months of service (after leaving a job he held for 27 years) was terminated without cause at … Continue reading →

Applications Judge Farrington heard a summary judgment application in a special chambers hearing concerning the plaintiff’s alleged constructive dismissal claim. The plaintiff was a long-term employee (37 years) who worked from home as the office manager for a vein clinic. … Continue reading →

An interesting arbitration decision on a preliminary issue from Arbitrator Scott. The employer argued unsuccessfully that the matter was not arbitrable because the grievance was not about the interpretation of the collective agreement, but rather an attempt by the union … Continue reading →

The Alberta Labour Relations Board granted summary dismissal in a duty of fair representation complaint finding that the actions of the Alberta Teachers’ Association were in its capacity as a professional regulator, not as a trade union, and therefore outside … Continue reading →

The Alberta Labour Relations Board commented for the first time on s. 95.42(7) of the Alberta Labour Relations Code and offers guidance for future applications. When parties are required to negotiate the terms of an essential services agreement, they may … Continue reading →

The Alberta Labour Relations Board dismissed the employee’s duty of fair representation complaint finding the union’s decision to withdraw the employee’s grievance was not arbitrary. However, the Board also commented on an interesting preliminary jurisdictional argument raised by the union: … Continue reading →

A duty of fair representation complaint was dismissed by the Alberta Labour Relations Board largely because the employee failed to tell the union about his concerns and that he wanted the union to follow up on them. The union can’t … Continue reading →