skip to main content

Court of Appeal Rules in Favour of CUPW Casual Workers

20 June 2019
Share with your friends and colleagues
Pick one or more destinations:

On June 11, 2019, the Ontario Court of Appeal ruled in favour of CUPW casual workers in a decision arising from a grievance of a casual postal worker’s dismissal for his alleged failure to be reasonably available for work assignments.  CUPW was successful at the grievance arbitration in arguing that Canada Post’s reliance on an average acceptance rate benchmark to justify terminating the grievor’s employment was unreasonable.  The arbitrator reinstated the grievor, finding that Canada Post should have considered the grievor’s actual number of shifts accepted and that his refusal to accept certain shifts caused the company no prejudice.  On judicial review of the arbitration award, the Divisional Court upheld the award in part.  Canada Post appealed. 

The Court of Appeal dismissed the appeal, holding that the arbitrator did not err in considering factors other than the grievor’s relative acceptance rate to determine the reasonableness of his availability.  The Court explained that arbitrators should perform a contextual analysis to determine the reasonableness of availability, which can include the following factors: the number of shifts offered, the manner of the offers, the total number of shifts and hours worked and the nature of operations.  The Court noted that personal circumstances, such as an employee’s reasons for declining shifts, may also be considered in the analysis.

Congratulations to CUPW, who was represented by Paul Cavalluzzo and Adrienne Telford, on this excellent outcome.

A copy of the Court of Appeal’s decision can be found here.

Recent News

News/12 September 2019

Ryan White represents Foodsters United/ CUPW as hearings begin on the fight to unionize Foodora workers

On September 10, 2019 hearings on the application filed by Foodsters United and the Canadian Union of Postal Workers to unionize Foodora workers began... Read More
News/29 August 2019

Advocate Daily: "OCA Affirms Notice Period Exceptions Granted in Rare Cases"

Advocate Daily: "OCA Affirms Notice Period Exceptions Granted in Rare Cases" Read More

Stay Updated

To receive email updates on legal developments and firm news and events, please sign up here.