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Divisional Court Quashes York University Decision to Discipline Striking Students

21 June 2019
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In Ball v Audette, the Divisional Court quashed disciplinary measures taken by York University against members of its graduate student bargaining unit. The students were disciplined after a York Tribunal found that they had violated the University's Student Code of Rights and Responsibilities during a work stoppage. 

 The Court rejected the Tribunal's decision, holding:

(1) That the Tribunal had no authority to hear the matter because the students were expressing dissatisfaction with their working conditions during a legal strike. Instead, the alleged misconduct fell within the exclusive jurisdiction of a labour arbitrator under the Labour Relations Act; and

(2) Even if the Tribunal did have jurisdiction, the hearing process violated the students' right to procedural fairness. The Court took particular issue with the Tribunal's refusal to adjourn hearings scheduled over the Family Day long weekend and the fact that the students' lawyers were unable to cross-examine York's witnesses.

The full decision can be found here.

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