| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
charter |
|
|
Summary:
As to the alleged infringement of claimant's equality rights, the Umpire was bound by this Court's decision in ZWARICH which held that ss. 31(1) did not contravene s. 7 and 15 of the Charter. Leave to appeal to SC denied.
The substance of claimant's arguments under par. 2(b) of the Charter as to its effect on her freedom to associate with others in a trade union have all been addressed and dismissed by the Supreme Court of Canada. Leave to appeal to SC denied.
Right of union to strike not protected by members' freedom of association and the consequence to exercise that right cannot infringe that freedom. A legitimate lockout presents the other side of the coin. It does not infringe the freedom of those locked out. Leave to SC denied.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
rationale |
|
|
Summary:
As per ZWARICH, the rule found in ss. 31(1) is neither fundamentally unjust nor unreasonable. It is necessary in order to ensure that the CEIC will not take sides in labour complaints and funds will not be used to lend support to strikers. Leave to appeal to SC denied.
