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Canadian Labour Arbitration By Brown and Beatty

1. Introduction

2. What Brown and Beatty Does Well

3. What's Missing From Brown and Beatty

1. Introduction

Canadian Labour Arbitration by Donald J.M. Brown, Q.C. and David M. Beatty has long been one of Canada's most trusted resources when it comes to labour arbitration issues in Canada.  Available both online and in print, it is considered a staple for every labour and employment law firm as well as HR practitioners, Union representatives and other industry leaders.  The first volume is dedicated to analysis of leading labour arbitration decisions while the second volume includes historical "endnotes" for those wanting to do more in-depth research.  The latest edition contains a number of significant updates, edits and re-writes of various sections of the text where the law has evolved since the publication of the last volume.

2. What Brown and Beatty Does Well

Brown and Beatty is a general guide that takes the reader step-by-step through the labour arbitration system in Canada and highlights the leading cases that support the various principles described in the publication.  Here's what it does well:

  • It deals comprehensively with the application of the Canadian Charter of Rights and Freedoms as it applies to labour, both jurisdictionally and substantively.
  • It covers judicial (Court) review of labour arbitration decisions, updates on case law and new decisions. (New decisions appear in bold in the Table of Cases making it easy for the user to identify them.)
  • It provides detailed analysis of, and commentary on more case law than other general labour law resources.
  • It keeps the reader up on the latest developments by way of regular updates. (A subscription to the print edition of Brown and Beatty features paper updates that are mailed to its users).


3.  What's Missing From Brown and Beatty

Although Brown and Beatty is an excellent publication and a must-have for those involved in the labour relations field, it is unable to provide in-depth coverage of certain topics because it intended to be a general resource that covers all aspects of labour arbitrations.  In particular, it provides only limited coverage of arguably the biggest issue affecting labour and employment in the workplace today - workplace illness, absenteeism and accommodation. Because it only skims the surface when it comes to these issues, it is still up to the reader to engage in independent research to figure out the relevant principles and then sift through hundreds of cases to come up with the supporting decisions.

This is one of the reasons that we created Illness & Absenteeism - to provide HR professionals, Labour and Employment lawyers and Union representatives with a comprehensive resource that distills the complex, obscure and sometimes confusing case law into a series of interrelated and easy to understand principles that are solid, supported by actual arbitration decisions and that will stand the test of time.

Illness & Absenteeism is a comprehensive yet straightforward and easy to use guide uniquely designed to give you the answers you need to deal with employee absenteeism issues quickly, efficiently and with minimal cost to your people and organization.  It's author, Denny Kells, a lawyer with 29 years’ of experience in labour and employment law, has been recognized by Lexpert as a leading practitioner and one of the top 500 lawyers in Canada.  To learn more, please visit our homepage here.

"Illness and Absenteeism is an essential research tool for practitioners in this field. Dealing with illness and absenteeism has become the number one issue in the workplace. Illness and Absenteeism provides lawyers and H.R. practitioners with the information they need to make correct decisions in this very difficult area."

Peter A. Gall, Q.C, Founding partner of Gall Legge Grant Zwack LLP