Is a grievor’s claim that she was denied a job because her employer violated the collective agreement by denying her a job as a substitute post?

Nova Scotia, Canada


The following excerpt is from Nova Scotia Union of Public and Private Employees, Local 13 v Halifax Regional Municipality, 2017 CanLII 85803 (NS LA):

41. The Union relies heavily upon York University v. C.U.P.E., Local 3903, 199 L.A.C. (4th) 233, (“York”) in support of its position that this grievance is not moot or, if it is, that it should still be heard. In York, the grievor had been denied a posting. However, she subsequently acquired the position through another means. Nonetheless, the arbitrator found that the grievance was not moot. In part, the arbitrator found that a live controversy remained because the employer made no admission that it had violated the collective agreement.

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