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Nov 6, 2017

Supreme Court of Canada decision: Balance of Interests

The Supreme Court of Canada released the following decision:

Association of Justice Counsel v. Canada (Attorney General), 2017 SCC 55, File no. 37014

(Labour relations — Arbitration — Grievances — Collective agreements — Residual management rights — Work schedule — Balancing of interests approach — Employer unilaterally imposing directive making after‑hour standby shifts mandatory for lawyers in order to respond to urgent immigration matters — Lawyers no longer compensated for entire period spent on standby but only for hours actually worked on urgent requests — Whether mandatory standby duty directive is reasonable and fair exercise of employer’s management rights under collective agreement — Whether adjudicator’s assessment of different interests at stake and ultimate balancing of those interests was reasonable.) 


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