Appellant
Respondent
Background: Corinne Pereira filed two complaints against her union, UNITE HERE Local 40, with the British Columbia Labour Relations Board (BCLRB). She alleged that the union unfairly represented her in disputes regarding discipline and later termination from Horizon North Camp & Catering Inc., claiming arbitrariness, discriminatory conduct, and bad faith.
Initial Board Decisions: The BCLRB dismissed Pereira's complaints without requiring a response from the union and without proceeding to a hearing. Subsequent applications by Pereira for internal reconsideration of these dismissals were also denied.
Judicial Review: Pereira sought judicial review of the BCLRB's reconsideration decisions in the Supreme Court of British Columbia, which dismissed her petitions. The court found that the BCLRB adhered to proper standards of review and did not act in a procedurally unfair manner or exhibit bias.
Appeal: Pereira appealed the Supreme Court's dismissal. She argued that the BCLRB's decisions were patently unreasonable, and she alleged bias both in the individual board members and systemically within the BCLRB. She claimed that the BCLRB failed to recognize the union's alleged conflict of interest and collusion with the employer.
Court of Appeal Decision: The Court of Appeal dismissed Pereira's appeals, agreeing with the lower court that the BCLRB applied correct standards of review and did not demonstrate procedural unfairness or bias. The Court emphasized the high threshold required to establish bias and found that Pereira did not meet this standard. It also held that the BCLRB's decisions were not patently unreasonable. No monetary award specified.
Court
Court of Appeals for British ColumbiaCase Number
CA48412; CA48687Practice Area
Labour lawAmount
Winner
RespondentTrial Start Date
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