LABOUR RELATIONS |
Express Hâvre St-Pierre Ltée v. Leblanc
T-792-00
2003 FC 1064, Noël J.
16/9/03
16 pp.
Pursuant to judgment by Federal Court of Appeal on January 20, 2003, purpose of this judgment to determine whether refusal to reinstate defendant, in accordance with arbitrator's conclusion to that effect based on unjustified or unlawful grounds, and if so, to set compensation accordingly --Court concluding plaintiff never intended to reinstate defendant, since changes within plaintiff company which resulted in abolishing trucker's position occurred in days following receipt by employer of arbitral decision ordering reinstatement, and made without defendant's knowledge-- Without consulting its counsel, plaintiff deliberately tried to get around decision regarding reinstatement of employee, thus acting contrary to arbitral decision--As refusal to reinstate Mr. Leblanc unjustified, necessary to calculate compensation accordingly--First, it should be recalled plaintiff already paid defendant compensation for period preceding May 1, 1999-- Compensation ordered by arbitrator in decision of August 18, 1999 covered four months in 1999, i.e. up to April 1999 inclusive--Logical to calculate compensation for non-reinstatement from May 1, 1999 to August 1, 2002, not inclusive, since Régie des rentes du Québec awarded plaintiff disability pension beginning in August 2000--Accordingly, compensation of $4,000 a month for 15 months, amounting to $60,000, should be paid to defendant with interest at 5 % as of May 1, 1999--Action allowed.