“A judge ruled against us in an action to recover unpaid wages but appears to have incorrectly interpreted the relevant provisions of the Employment Standards Act. The damage award was large, so we are thinking of appealing the decision.”
“The union brought a grievance relating to an issue not covered by the collective agreement. Despite our arguments to the contrary, the arbitrator assumed jurisdiction and decided the grievance on its merits. How can we get the decision reviewed?”
Every decision of an arbitrator, board or administrative tribunal can be judicially reviewed by a court to ensure that the adjudicative body has not exceeded its jurisdiction or committed other fundamental errors, such as making an error of law. It is often possible to appeal the decision of a judge to a higher court, all the way up to the Supreme Court of Canada.
Our lawyers have appeared before all types of workplace tribunals, every level of court in Ontario, as well as the Federal Tax Court. We offer expertise in appealing and seeking judicial review of adjudicator and court decisions where the decisions arise from workplace disputes. As well, we routinely assist our clients by identifying and preserving potential appeal issues while the case is still being heard, assessing and advising on the merits of any appeal and handling all aspects of the appeal process.