Workplace dispute resolution project

As per the terms of the Ministry’s reference to the BCLI, the two major components of the BCLI project involved (1) international comparative research into existing workplace dispute resolution systems, and (2) a targeted consultation of BC stakeholders selected jointly by the Ministry and the BCLI. [...] While theoretically the concept of a Workplace Tribunal for BC has some merit, the proposed model leaves too many key features of the system unclear to permit a full analysis of the strengths and weakness of the Workplace Tribunal: • Is the Workplace Services Branch to be a part of the Workplace Tribunal or the Ministry of Labour or neither? [...] The answers to the above questions are directly relevant to the merits of the proposed model and whether the Workplace Tribunal concept has the capacity to address the objectives underlying reform and respond adequately to contemporary workplace disputes. [...] The Chair of the EST is appointed by Cabinet and the other members by the Minister of Labour after a merit- based process and, in the case of members, after consultation with the Chair.14. [...] The cost of arbitration is borne equally by the parties to the collective agreement: the employer and the union.34 Arbitrators deciding grievances under a collective agreement have the authority and the duty to consider and apply all laws relevant to a dispute, including the Human Rights Code.35 A decision of an arbitrator may be appealed to the LRB on the ground that a fair hearing was denied or