ARTICLE
18 November 2013

Grievor To Be Identified – Again

MT
McCarthy Tétrault LLP

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McCarthy Tétrault LLP provides a broad range of legal services, advising on large and complex assignments for Canadian and international interests. The firm has substantial presence in Canada’s major commercial centres and in New York City, US and London, UK.
Another Arbitrator in BC has decided against a general rule of anonymizing the names of grievors and witnesses in labour arbitration awards.
Canada Employment and HR

No General Rule to Anonymize Names

Another Arbitrator in BC has decided against a general rule of anonymizing the names of grievors and witnesses in labour arbitration awards.  The decision of Arbitator Stan Lanyon in the Sunrise Poultry case (Unreported, October 28, 2013) is the case we anticipated in our previous post on this issue.

Like Arbitrator John Sanderson in the Husband Food Ventures case, Arbitrator Lanyon was dealing with a request by the United Food & Commercial Workers, Local 1518 to have the names of the grievor and witnesses remain confidential in any Award in the matter.  And like Arbitrator Sanderson, Arbitrator Lanyon decided there should be no such blanket rule.  Instead, the general rule should be in favour of disclosure, with Arbitrators retaining the discretion to anonymize the names of grievors and witnesses when circumstances demand it.

Arbitrator Lanyon decided that he would not have granted anonymity to the grievor in this case, but did so only because the Union had already expressed its intention to appeal his decision.

The case will now move to the Labour Relations Board.  We will continue to watch for developments.

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