Can an employee seek judicial review of an arbitration award when the union decides not to do so?
Ontario, Canada
The following excerpt is from Tropak v. The University of Toronto, 2019 ONSC 178 (CanLII):
“Generally, an employee cannot seek judicial review of an arbitration award when the union decides not to do so, as the decision is one for the union to make, balancing the various competing interests”: Yee v. Trent University, 2010 ONSC 3307 (Div. Ct.), at para. 7.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a unionized employee bring an application for judicial review of an arbitration award? (Ontario, Canada)
Can an individual employee bring a judicial review of an award made by a union under a collective agreement? (Ontario, Canada)
What are the redacted text messages of a unionized unionized employee and the union’s lawyer? (Ontario, Canada)
Is a unionized unionized employee entitled to arbitration in a dispute arising out of a collective agreement? (Ontario, Canada)
Is there a defence of public policy in international arbitration where an award has been awarded by a tribunal in another country? (Ontario, Canada)
What is the difference between the provisions of an employee’s rights on termination from an employee's employment plan and those of the employee's termination notice? (Ontario, Canada)
What is the standard of review in judicial review? (Ontario, Canada)
When an employer unilaterally changes the essential terms of an employee’s contract of employment and the employee does not agree to the changes, is the employee constructively dismissed? (Ontario, Canada)
What is the standard of review of a ruling made by an arbitrator in the course of an arbitration? (Ontario, Canada)
What is the standard of review for a judicial review of an administrative decision? (Ontario, Canada)
