International Woodworkers of America et al. v. Weldwood of Canada Ltd.

International Woodworkers of America et al. v. Weldwood of Canada Ltd.

The arbitrator expressly found impairment, concluded alcohol was not established as the cause and that the impairment was probably due to medication; he applied the collective agreement's leave provision and concluded discharge was not for just cause. Those findings and that legal application did not constitute an error of law affecting his jurisdiction under s.108, so the arbitration award must be reinstated.

Citation
[1977] 1 SCR 703
Parties
Appellant (union): International Woodworkers of America, Local 217; Appellant (employee): Marguerite Lean; Respondent (employer): Weldwood of Canada Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 May 1976
Procedural Posture
Labour Arbitration Appeal / Final Appeal to the Supreme Court of Canada
Outcome
Appeal allowed; arbitration award reinstated.
Legal Topics
Just Cause Dismissal, Impairment by Medication, Arbitrator Jurisdiction Under Statute, Collective Agreement Interpretation
Source Language
English
Labour Law Arbitration Employment Law Administrative Law Just Cause Dismissal Impairment by Medication Arbitrator Jurisdiction Under Statute Collective Agreement Interpretation

Case Brief

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Parties

International Woodworkers of America, Local 217

Appellant (union)

Marguerite Lean

Appellant (employee)

Weldwood of Canada Ltd.

Respondent (employer)

Procedural Posture

Labour Arbitration Appeal / Final Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether the arbitrator committed an error of law affecting his jurisdiction under s.108 of the B.C. Labour Code
  2. 2 Whether the arbitrator properly found impairment and its probable cause (alcohol v. medication)
  3. 3 Whether impairment caused by prescribed medication can amount to just cause for dismissal or invoke leave provisions of a collective agreement

Ratio Decidendi

The arbitrator expressly found impairment, concluded alcohol was not established as the cause and that the impairment was probably due to medication; he applied the collective agreement's leave provision and concluded discharge was not for just cause. Those findings and that legal application did not constitute an error of law affecting his jurisdiction under s.108, so the arbitration award must be reinstated.

Court Disposition

Appeal allowed; arbitration award reinstated.

Orders

  • Appeal allowed and arbitration award reinstated.
  • Appellants awarded their costs in the Court of Appeal.