Supreme Court

Decision Information

Union of Northern Workers v Northwest Territories (Commissioner)

Court Supreme Court
Date 1995-08-29
File numbers CV 05873
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Cases considered:
Weber v. Ontario Hydro, [1995] S.C.J. No. 59
St. Anne Nackawic Pulp & Paper Co. Ltd. v. Canadian Paper Worker's Union, [1986] 1 S.C.R. 704
Kuich v. The Commissioner of the Northwest territories et al (N.W.T.S.C. No. CV 04931; May 7, 1994)
McLeod et al v. Egan (1974), 46 D.L.R. (3d) 150
Re Metropolitan Toronto Board of Commissioners of Police et al (1981), 33 O.R. (2d) 476
Reber v. Lloyd's Bank (1985), 18 D.L.R. (4th) 122
Smith v. Viking Helicopters Ltd. (1989), 68 O.R. (2d) 228
Re The Crown in Right of Ontario and O.P.S.E.U. (1982), 3 L.A.C. (3d) 385

Statutes considered:
Safety Act, R.S.N.W.T. 1988, c. S-1
Public Service Act, R.S.N.WT. 1988, c. P-16
Decision information:

Abstract: Application for an injunction to prohibit the employer from transferring the applicant or dismissing her. The applicant was a social worker in Sanikiluaq and had been threatened. Concerns for her safety saw her removed. After a period of medical leave, th government sought to move her to Arctic Bay. Supported by the union, she asserted her right to refuse unsafe working conditions under the Safety Act. The court recognized that an injunction was not a remedy that could be granted by an arbitrator and confirmed that such a remedy could only be granted to prevent an immediate harm. The issues raised by the applicant were within the jurisdiction of an arbitrator on a grievance.
Decision: Application for Injunction denied.
Subjects: Employment law
Keywords: Injunction - transfer of employee
Dismissal
Jurisdiction
Collective agreement

Decision Content

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