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Top court reaffirms mandatory unpaid standby shifts are unreasonable

Tuesday, December 12, 2017 @ 9:42 AM | By Anatoly Dvorkin

In the recently rendered decision, Association of Justice Counsel v. Canada (Attorney General) 2017 SCC 55, the Supreme Court of Canada reaffirmed two important realities of labour law. First, labour arbitrators are owed deference when deciding on issues relating to the interpretation of collective agreements. Second, the balancing of interests approach is the proper framework to assess whether a policy implemented by the employer that affects employees is a reasonable exercise of management rights.

Briefly, the case involves a dispute between an employer, the Attorney General...