Welcome to OPSEU'S Grievance Awards Database
You can view your search results in 3 different ways:
1) OPSEU Grievance Highlights (Condensed)
Short excerpts immediately before and after each hit within the document are displayed
2) Grievance Hit Highlights (Full)
Shows you the full text of the decision with your search words highlighted in red.
3) Case Name or File Name
Selecting either the case name or the file name will take you to the full decision in pdf format without highlights. The document in this format may be easier to read.
Printing & Saving your results:
You can print the hit lists by using the file button on the tool bar. To print a specific document, first open it and then you can either print by selecting the printer on the Adobe tool bar or again by selecting File and Print.
To save either an award or a hit list simply select File, Save, then save your documents in the location you wish.
Definitions of Some Common Terms
Arbitrability – whether a grievance is a matter which can be heard and decided within the legal jurisdiction of the arbitrator.
Estoppel – where one party is prevented from relying on the strict terms of the contract because (1) they have made a representation to the other party which is essentially a promise of a greater benefit, which (2) that party has relied upon (3) to their detriment. All three elements must be present.
Hearsay evidence – second hand information, facts not in the personal knowledge of the witness testifying to them. Generally not allowed as evidence of the truth of the facts, but there are exceptions.
Judicial review – review by the Divisional Court (in Ontario) of a decision by an arbitrator or administrative tribunal. This is not an appeal, and the Court will only review whether the decision-maker stepped outside their authority by, for example, making a jurisdictional error or a patently unreasonable interpretation of a collective agreement or a denial of procedural fairness.
Jurisdiction - The power of authority to hear and determine an issue. One common preliminary objection is that an arbitrator lacks the jurisdiction over an issue.
Mootness – an arbitrator may decline to hear a case about a matter which has already been resolved or is no longer a live issue, and therefore raises a merely hypothetical or abstract question.
Prima facie – on the face of it. A prima facie case is an argument with sufficient supporting evidence of the essential facts that it may be considered proven unless the opposing party can introduce evidence to the contrary.
Res judicata – an issue already decided. If the same issue has been decided previously between the same parties it may not be heard again. Sometimes called Issue Estoppel.
Seized - Continues to be responsible. A given arbitrator will often be seized with implementation of a settlement.
Sine die – an adjournment without another date set.
Ontario Public Service Employees Union, 100 Lesmill Rd. Toronto, ON M3B 3P8 (416) 443-8888 www.opseu.org
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