Issue: Whether the City of Vancouver breached s. 49.1 of the Employment Standards Act by refusing to provide paid sick leave to employees with more than six months' service, contrary to their collective agreement and statutory entitlements.
Decision: Appeal quashed. The Court of Appeal determined it lacked jurisdiction to hear the appeal because the real basis of the award involved the application of s. 49.1 to the Collective Agreement and specific dispute circumstances, falling under the Labour Relations Board's exclusive jurisdiction.
Key Points:
The arbitrator found the City breached the Employment Standards Act post-March 31, 2022, by not providing five paid sick days as required, independent of the collective agreement's provisions.
The court emphasized the exclusive jurisdiction of the Labour Relations Board for matters closely tied to labor relations and the collective agreement.
