Perrin v. Canadian Union of Public Employees

Firms involved

CHABOT, médiateurs avocats, Canadian Union of Public Employees, Air Canada Center Law Branch

Applicant

NADINE PERRIN, AND OTHER MEMBERS OF THE AIR CANADA COMPONENT OF CANADIAN UNION OF PUBLIC EMPLOYEES

Law Firm

CHABOT, médiateurs avocats

Lawyer(s)

Bruno-Pierre Allard

Respondent

CANADIAN UNION OF PUBLIC EMPLOYEES

Law Firm

Canadian Union of Public Employees

Lawyer(s)

Devon Paul

Elizabeth Nurse

Ella Henry

AIR CANADA

Law Firm

Air Canada Center Law Branch

Lawyer(s)

Cristina Toteda

Facts: The applicants sought judicial review of a Canada Industrial Relations Board decision dismissing their complaint against the Canadian Union of Public Employees (Union) for not filing a grievance against Air Canada's mandatory vaccination policy.
Issues/Main Discussion: The application challenged the Board's reliance on a previous decision (Watson v. CUPE) and argued that their complaint included issues not addressed in the Watson case, such as the Union's failure to file grievances against disciplinary measures from the policy.
Ruling: The Federal Court of Appeal dismissed the application, finding the Board's decision reasonable and the applicants' arguments unconvincing. It held that the Union had not breached its duty of fair representation and that the procedural fairness was not violated.
Amount Awarded: The application was dismissed with costs. Financial terms not specified.

Court

Federal Court of Appeal

Case Number

A-132-22

Practice Area

Labour & Employment Law

Amount

Winner

Respondent

Trial Start Date

20 June 2022

Download documents