October 22 2023

Jurisdiction win

Dina Mashayekhi defeated a preliminary motion brought by Carleton University when it tried to argue that Arbitrator Kevin Burkett had no jurisdiction to make a determination about a salary adjustment for members of the Carleton University Academic Staff Association.  Arbitrator Burkett sided with the Union on the basis that section 48(1) of the Ontario Labour Relations Act requires there to be an adjudicative process chaired by a neutral third party and that the procedure followed by the University did not meet that test.

Carleton University v Carleton University Academic Staff Association, 2023 CanLII 12176 (ON LA)

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