New Brunswick Broadcasting Co Ltd v National Assn of Broadcasting Employees & Technicians (NABET)
Arbitration, Canada Labour Code, Promotion, Collective Agreement, Damages, Jurisdiction, Functus Officio
This was an arbitration under the Canada Labour Code. In an earlier award the Arbitrator ruled that the Grievor had been improperly denied a promotion. He had ordered that the Grievor be given a three month trial period, as set out in the Collective Agreement. The Arbitrator had retained jurisdiction to deal with the question of damages. Damages had not been requested in the Grievance form. The Union first claimed them at the hearing. The Company objected to the jurisdiction of the Arbitrator to award damages, both because the Arbitrator was functus officio and because the failure to claim damages in the grievance form was fatal. As to quantum, the Union claimed that difference between the salaries of the Grievor's old job and new job, from the date the Grievor was initially denied the promotion until the date of the earlier award. This was a period of almost six months. The Company objected on the basis that the award only gave the Grievor a three month trial. The Union also claimed lost overtime, equal to the amount of overtime paid to the Employee who had initially and improperly got the job.
New Brunswick Broadcasting Co Ltd v National Assn of Broadcasting Employees & Technicians (NABET) (1982), 1982 CanLII 4379 (NBLA) (Arbitrator: Innis Christie).