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Background:
The International Brotherhood of Electrical Workers, Local 2067 (Union) filed a grievance against Saskatchewan Power Corporation (SaskPower) in 2016, alleging a violation of a collective bargaining agreement concerning vacation pay calculations. Arbitration in 2021 upheld the Union’s interpretation, stating that the calculation method had not substantively changed. SaskPower sought judicial review, arguing the arbitrator’s decision was final and should be quashed, but the Chambers judge struck the application for prematurity.
Legal Issues and Arguments:
The primary issue on appeal was whether the arbitration decision was final, allowing for judicial review, or interlocutory, warranting continuation of arbitration. SaskPower argued that bifurcation between liability and remedy created a natural break, making the liability decision final. The Union contended that arbitration was not concluded, and judicial intervention was premature.
The Court considered whether the Chambers judge erred by not recognizing the award as final and improperly balancing factors like judicial efficiency, delay, and the arbitrator’s potential retirement. The Court also evaluated the application of the prematurity doctrine and whether the doctrine of comity required adherence to prior decisions.
Decision and Costs:
The appeal was dismissed. The Court ruled that bifurcation did not automatically render the liability decision final and found no exceptional circumstances justifying premature judicial review. The Union, as the successful party, was awarded costs in the usual way, though the specific amount was not stated.
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Appellant
Respondent
Court
Court of Appeal for SaskatchewanCase Number
CACV4304Practice Area
Labour & Employment LawAmount
Not specified/UnspecifiedWinner
RespondentTrial Start Date