What is the range of damages available to an arbitrator in a collective agreement dispute?
Ontario, Canada
The following excerpt is from Burley v. Ontario Public Service Employees Union, 2004 CanLII 34769 (ON SC):
Courts have commented on the wide range of remedies available to an arbitrator, including damages. Pepall J. noted in McConnell v. Altenburg, [2001] O.J. No. 4668 (S.C.J.) at para. 24 that arbitrators “have given liberal scope to collective agreement terms so as to assume jurisdiction over matters such as defamation claims and claims of harassment, intimidation and bad faith.”
In Venneri v. Bascom, supra Lane J. considered an alleged defamatory letter that received broad distribution. He concluded that it was “inextricably bound up in the whole factual matrix of the employment relationship and must be caught in the arbitration requirement.”
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