What is the test for arbitrable disability benefits?
Manitoba, Canada
The following excerpt is from Giesbrecht v. McNeilly et al., 2008 MBCA 22 (CanLII):
24 In 2005, the court again considered this issue. In Vaughan v. Canada, 2005 SCC 11, [2005] 1 S.C.R. 146, the court was dealing with a claim for certain benefits that, under the applicable legislation, was grievable but not arbitrable. It was not arbitrable because those benefits had been conferred by the federal government employer unilaterally by regulation, and not by a collective agreement.
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