Newfoundland and Labrador Nurses’ Union v. Her Majesty the Queen in Right of Newfoundland and Labrador, represented by Treasury Board, et al. (October 14, 2011)
The Supreme Court of Canada heard arguments on the procedural fairness of an arbitrator’s decision in a ruling involving a nurses’ union.
The Newfoundland and Labrador Nurses’ Union alleges that annual leave hours had been improperly deducted for a group of its member nurses. The Health Authority claimed that casual employment had been improperly included. An arbitrator concluded that, under the terms of a collective agreement, nurses could not use their years of service as casual employees to calculate vacation entitlement once their status changed to permanent, temporary or part-time employees.
The union’s appeal deals with procedural fairness and the merits of an arbitrator’s decision, not with the issue of casual hours.