Appellant
Respondent
Introduction:
This case arose from the dismissal of Nopphon Senyotkham by Prairie Pride Natural Foods Ltd. The United Food and Commercial Workers, Local 1400, grieved the dismissal on behalf of the employee, leading to arbitration.
Legal Issues:
The primary issues were:
Findings and Decisions:
The arbitration board found the termination to be unjust due to the employer’s failure to conduct a proper investigation, including not interviewing the employee. It awarded damages in lieu of reinstatement. On judicial review, the Court of King’s Bench upheld the board's decision, finding its conclusions reasonable under the Canada (Minister of Citizenship and Immigration) v Vavilov framework.
Appeal Decision:
The Saskatchewan Court of Appeal dismissed Prairie Pride's appeal, rejecting claims of procedural unfairness and upholding the arbitration board’s findings. The Court also declined to reinstate the employee as requested by the union.
Costs:
The appeal court awarded costs of $3,000 to the United Food and Commercial Workers, Local 1400.
Court
Court of Appeal for SaskatchewanCase Number
CACV4138Practice Area
Labour lawAmount
$ 3,000Winner
RespondentTrial Start Date