Tuesday, June 10, 2008
Ravi Malhotra (Ottawa) brings to my attention an unusual arbitration decision in Quebec where a unionized teacher employed by the Commission scolare de Montreal did not answer whether he had a criminal record on a job application.
Several years later, it was discovered that he had a conviction for manslaughter and was fired.The arbitrator ruled in favor of the teacher, Mr. Miguel. The school board (CSDM) sought judicial review but the Quebec Superior Court upheld the arbitrator's review. Now today the Globe and Mail has reported that the Quebec Court of Appeal has upheld the Superior Court 2-1. Given deference to arbitral decisions, this is hardly a big surprise, although the fact situation is rather unusual and I wouldn't rule out an appeal to the Supreme Court of Canada.
You can read more about this interesting case in the Globe and Mail article here.