Applicant
Respondent
Background: This case involved Kyle Du Val, Evan Maltman, and Renise Mlodzinski, applicants, against the Manitoba Labour Board and the University of Winnipeg Faculty Association (UWFA), respondents. The applicants, teachers at the University of Winnipeg Collegiate, challenged the UWFA's decision not to grieve their unpaid leaves of absence imposed by the University of Winnipeg due to their failure to comply with a COVID-19 vaccination mandate.
Legal Issues: The primary legal issues included the UWFA's duty of fair representation under labor law, whether its actions were arbitrary, discriminatory, or in bad faith, and the appropriateness of the vaccination mandate under the collective bargaining agreement.
Judicial Review: The Manitoba Labour Board had initially dismissed the complaints, and upon review, upheld its decision. The applicants sought judicial review, arguing the Board failed to conduct a fair assessment and that the UWFA had not adequately represented their interests concerning the vaccine mandate and unpaid leaves.
Held: The Court of King's Bench of Manitoba found the Board’s decisions to be reasonable and dismissed the application for judicial review. The court concluded that the UWFA's actions were based on a legitimate legal opinion and that there was no evidence of arbitrary, discriminatory, or bad faith actions.
Costs and Awards: There was no specific monetary award or costs mentioned in the document provided for the successful party.
Court
Court of King's Bench ManitobaCase Number
CI 23-01-39190Practice Area
Labour lawAmount
Winner
RespondentTrial Start Date
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