Prairie Pride Natural Foods Ltd. v United Food and Commercial Workers, Local 1400
Prairie Pride Natural Foods Ltd.
Law Firm / Organization
MLT Aikins LLP
Lawyer(s)

Brent Matkowski

United Food and Commercial Workers, Local 1400
Law Firm / Organization
UFCW Canada Local 1400
Lawyer(s)

Heath Smith

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:

  • Whether the termination was justified under the collective bargaining agreement (CBA).
  • Whether procedural fairness was breached by using an uncertified Thai-English interpreter during arbitration.
  • Whether damages or reinstatement were the appropriate remedy.

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 of Appeal for Saskatchewan
CACV4138
Labour law
$ 3,000
Respondent