7 Mar 2023

Watson v. Canadian Union of Public Employees

Firms involved

Matthew Macdonald Law, Jensen Shawa Solomon Duguid Hawkes LLP (JSS Barristers), Canadian Union of Public Employees, Air Canada Center Law Branch

Applicant

INGRID WATSON
Law Firm
Matthew Macdonald Law
Lawyer(s)

Matthew Macdonald

Law Firm
Jensen Shawa Solomon Duguid Hawkes LLP (JSS Barristers)
Lawyer(s)

Sarah Miller

Respondent

CANADIAN UNION OF PUBLIC EMPLOYEES
Law Firm
Canadian Union of Public Employees
Lawyer(s)

Ella Henry

Elizabeth Nurse

Devon Paul

AIR CANADA
Law Firm
Air Canada Center Law Branch
Lawyer(s)

Cristina Toteda

  • Facts: Watson sought judicial review of a Canada Industrial Relations Board decision dismissing her complaint against CUPE for not challenging Air Canada's COVID-19 vaccination policy.
  • Issues/Main Discussion: Whether CUPE breached its duty of fair representation under section 37 of the Canada Labour Code by not filing a grievance against the vaccination policy, and if procedural fairness was violated by not holding an oral hearing or ordering document production.
  • Ruling: The Federal Court of Appeal dismissed the application, upholding the Board's decision that CUPE did not breach its duty of fair representation and did not violate procedural fairness.
  • Amount Awarded: The application was dismissed with costs. Financial terms not specified.

Court

Federal Court of Appeal

Case Number

A-45-22

Practice Area

Labour & Employment Law

Amount

Winner

Respondent

Trial Start Date

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