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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Canadian Union of Public Employees v Ontario (Minister of Labour) ： ウィキペディア英語版 Canadian Union of Public Employees v Ontario (Minister of Labour) ''Canadian Union of Public Employees v Ontario (Minister of Labour)'', 2003 SCC 29, is a leading Supreme Court of Canada decision on arbitration and bias in administrative law. The Court held that it was patently unreasonable for the Minister of Labour to appoint retired judges as arbitrators in labour disputes without considering their expertise in labour relations under the ''Hospital Labour Disputes Arbitrations Act''. ==Background== In Ontario, labour relations at hospitals and nursing homes are regulated under the ''Hospital Labour Disputes Arbitration Act'', RSO 1990, c H14, s 6(5) (''HLDAA''), which require the parties to resolve labour disputes through collective bargaining with compulsory arbitration. Arbitrators were appointed by mutual agreement between the parties, but in case of a dispute, a panel of three arbitrators is selected with one member selected by each side and a third appointed by the Minister of Labour. A list of approved arbitrators was provided under s. 49(10) of the ''Labour Relations Act, 1995''. In 1998, the Minister of Labour appointed four retired judges not on the pre-approved list as arbitrators to several labour boards. The unions, represented by the Ontario Federation of Labour and Canadian Union of Public Employees, protested, arguing that the retired judges lack labour expertise, experience, tenure and independence from government. They sought an application to declare the Minister's appointments invalid on the basis that he breached the principles of natural justice, creating a reasonable apprehension of bias. The Divisional Court dismissed the application, but was overturned by the Court of Appeal, which ordered the Minister to refrain from appointing further arbitrators not from the approved list. The issue before the Supreme Court of Canada was whether the Minister of Labour had created bias in the arbitration proceedings through his appointment of retired judges. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Canadian Union of Public Employees v Ontario (Minister of Labour)」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.