Vancouver (City) v. Vancouver Firefighters’ Union, Local 18

Firms involved

Harris & Company LLP, Not specified

Appellant

City of Vancouver

Law Firm

Harris & Company LLP

Lawyer(s)

Donald J. Jordan

Law Firm

Not specified

Lawyer(s)

K.S. Dhillon

Respondent

Vancouver Firefighters’ Union, Local 18

Law Firm

Not specified

Lawyer(s)

J.L. Burke

K. Wong

Issue: Whether the City of Vancouver breached s. 49.1 of the Employment Standards Act by refusing to provide paid sick leave to employees with more than six months' service, contrary to their collective agreement and statutory entitlements.
Decision: Appeal quashed. The Court of Appeal determined it lacked jurisdiction to hear the appeal because the real basis of the award involved the application of s. 49.1 to the Collective Agreement and specific dispute circumstances, falling under the Labour Relations Board's exclusive jurisdiction.
Key Points:
- The arbitrator found the City breached the Employment Standards Act post-March 31, 2022, by not providing five paid sick days as required, independent of the collective agreement's provisions.
- The court emphasized the exclusive jurisdiction of the Labour Relations Board for matters closely tied to labor relations and the collective agreement.
No financial terms specified.

Court

Court of Appeals for British Columbia

Case Number

CA48853

Practice Area

Labour & Employment Law

Amount

Winner

Respondent

Trial Start Date

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