What is the test for an interest award?

Manitoba, Canada


The following excerpt is from Macdonald Youth Services v Manitoba Government and General Employees’ Union, 2020 CanLII 53382 (MB LA):

9. Both parties referred to a recent award I wrote (Diageo Canada v. UFCW, Local 832, 2016 CarswellMan 339, 2016 CanLII 62698 (MBLA)). In that award I said, relying on many previous awards written by many arbitrators (at paras. 9, 10, 12, 15): In brief, an interest arbitrator should strive to achieve a result which will replicate, as closely as possible, the result that would have occurred had collective bargaining been successful…in attempting to replicate what the parties would have done, arbitrators are to look to objective data and evidence…while the arbitrator is not to impose his or her personal view of what is fair, the award should nevertheless be based on objective standards of fairness and reasonableness…factors that may be considered include the historical bargaining pattern, applicable internal and external comparators…economic trends, and the prevailing economic context.

Other Questions


In what circumstances will a court award an award for lost wages based on an estimate of the time required to purchase a business? (Manitoba, Canada)
In what circumstances will the court award damages for loss of income based on historical pay equity? (Manitoba, Canada)
Does an award made by the umpire and one of the arbitrators in the absence of the other arbitrator? (Manitoba, Canada)
What is the legal test for awarding a person with lost faculties money? (Manitoba, Canada)
What is the applicable interest on a judgment from March 28, 1980 to date of payment? (Manitoba, Canada)
What is the test for meeting the threshold for a judge to order a fresh inquiry into the best interests of the child? (Manitoba, Canada)
What is the quantum of damages awarded against a vendor who concealed the buckled exterior wall? (Manitoba, Canada)
Can a judge depart from the applicable tariff on an award of costs? (Manitoba, Canada)
What is the compensatory method for the purpose of determining the amount of support awarded to a spouse who works in the home? (Manitoba, Canada)
Can a continuing garnishing order be issued against the interest of an Indian Band? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.