Watson v. Canadian Union of Public Employees
INGRID WATSON
Law Firm / Organization
Matthew Macdonald Law
Lawyer(s)

Matthew Macdonald

CANADIAN UNION OF PUBLIC EMPLOYEES
AIR CANADA
Law Firm / Organization
Air Canada Center Law Branch
Lawyer(s)

Cristina Toteda

  • Facts: Watson sought judicial review of a Canada Industrial Relations Board decision dismissing her complaint against CUPE for not challenging Air Canada's COVID-19 vaccination policy.
  • Issues/Main Discussion: Whether CUPE breached its duty of fair representation under section 37 of the Canada Labour Code by not filing a grievance against the vaccination policy, and if procedural fairness was violated by not holding an oral hearing or ordering document production.
  • Ruling: The Federal Court of Appeal dismissed the application, upholding the Board's decision that CUPE did not breach its duty of fair representation and did not violate procedural fairness.
  • Amount Awarded: The application was dismissed with costs. Financial terms not specified.
Federal Court of Appeal
A-45-22
Labour law
Respondent