The Fact Scenario
Each year’s problem revolves around emergent labour law issues that have little consensus amongst practitioners. The problems are inspired by actual grievance arbitration cases argued by our lawyers, thereby ensuring that the moot fact patterns produce very realistic scenarios. We create fictional members of a fictional union, working for a fictional employer with a fictional management team, allowing us to inject unique twists and doses of humour into the fact pattern. Examples of past moot scenarios include:
- A teacher whose union, the Association of Provincial Professional Learning Educators (APPLE), grieves his discharge, which stemmed from the employer school’s belief that the teacher was “self-reporting” on his doctor’s notes
- Allegations of gross insubordination and vandalism by employees at a grooming-electronics manufacturing facility called G.O.P. Industries, owned and operated by the Reegan family
- The use of G.P.S. surveillance by a bike courier service who suspects an employee of hitting casinos while on company time to quench his gambling addiction
- An assembly-line style hair salon and its duty to accommodate a long-serving employee with multiple chemical sensitivity
- The reasonableness of a lifting or strength test used in a job competition for a vacancy in a lawn-gnome distribution centre
As bizarre as some may seem, these problems are inspired by actual grievance arbitration cases that have been argued by our lawyers.