Executive Summary: Key Legal and Evidentiary Issues

• SGEU breached its duty of fair representation to Lapchuk in handling his termination and accommodation grievances.

• Judicial review upheld key liability findings against SGEU but overturned findings on delay, arbitration format, and part of the remedy.

• Tribunal’s $294,755 damage award to Lapchuk was set aside due to lack of causation analysis.

• Claims of arbitrary and discriminatory conduct were analyzed under fairness standards in union representation.

• Tribunal’s rejection of liability against the Government of Saskatchewan was deemed reasonable.

• Parties achieved mixed success; no cost order was made in the judicial review proceedings.

The workplace events and grievances

David Lapchuk, a government employee, was involved in a physical altercation in Fort Qu’Appelle, Saskatchewan, while on duty in October 2012. Following the incident, he was suspended and eventually dismissed in 2013 after an investigation. Lapchuk, through the Saskatchewan Government and General Employees’ Union (SGEU), filed multiple grievances: challenging his dismissal, earlier disciplinary actions, lack of union representation during disciplinary meetings, and failure to accommodate his ergonomic needs.

An arbitration in 2015–2016 addressed most of these issues, but the arbitrator ultimately dismissed Lapchuk’s termination grievance, partly due to SGEU’s failure to provide proper medical evidence supporting a PTSD defense. A separate grievance about an earlier reprimand letter was not pursued by SGEU and was dismissed by the Saskatchewan Labour Relations Board (SLRB).

SLRB proceedings and liability findings

After the failed arbitration, Lapchuk filed a complaint with the SLRB alleging SGEU breached its statutory duty of fair representation. The case spanned over 44 hearing days between 2018 and 2021. In 2022, the SLRB found that SGEU had indeed breached its duty on several grounds:

• Gross negligence and arbitrariness in conducting the arbitration, especially regarding the lack of expert medical testimony.

• Arbitrary and discriminatory handling of the accommodation grievance.

• Arbitrary decision-making in proceeding with a single arbitrator despite internal recommendations for a full panel.

• Bad faith and arbitrary delays in advancing the arbitration.

In 2023, after a separate remedy hearing, the SLRB awarded Lapchuk $294,755 in damages. This included compensation for the union’s breach, legal costs, out-of-pocket expenses, moral damages, and pre-judgment interest.

Judicial review and court findings

SGEU challenged the SLRB’s decisions in a judicial review before the Saskatchewan Court of King’s Bench. The court’s judgment, issued on April 1, 2025, partially upheld and partially overturned the SLRB’s findings:

• Upheld: The finding that SGEU acted arbitrarily in handling the arbitration and the accommodation grievance.

• Set aside: Findings that SGEU acted in bad faith regarding the length of time to advance the arbitration and in proceeding with a single arbitrator.

• Set aside: The entire remedy decision, including the $294,755 award, due to the SLRB’s failure to analyze causation — i.e., whether SGEU’s breach caused the specific damages awarded.

• Upheld: The dismissal of SGEU’s attempt to assign partial liability to the Government of Saskatchewan.

Final outcome and implications

The judicial review resulted in a mixed outcome:

• Lapchuk succeeded in maintaining the core findings of SGEU’s failure in its duty of fair representation.

• SGEU succeeded in overturning parts of the liability findings and the monetary award.

• No damages are currently enforceable, and the matter was remitted back to the SLRB for reconsideration of the remedy.

• No cost order was made due to the balanced success between the parties.

The case illustrates the complex legal standards governing union responsibilities to members and highlights the importance of careful preparation, especially in cases involving medical defenses and long-standing employment disputes.