Mediation + Arbitration
Labour arbitration with an independent arbitrator.
Rima Zamat
Mediator & Arbitrator
Grievance arbitration, also called rights arbitration, is a final and binding process: the arbitrator hears the union and the employer and decides the matter. When retained as an arbitrator, Rima Zamat acts independently and impartially and does not represent either party.
Appointments in provincial workplace disputes in Ontario and federal workplace disputes across Canada.
Appointments
Arbitration appointments.
- Labour arbitration
- Collective agreement disputes
- Workplace disputes
Key points
How labour arbitration works.
In Ontario, every collective agreement must provide for final and binding settlement by arbitration, without stoppage of work, of all differences about its interpretation, application, administration or alleged violation. If an agreement lacks that provision, the Act deems one into it.
Source: Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A
An arbitration decision binds the parties and the employees affected by it. If a party does not comply, the decision can be filed in the Superior Court of Justice and enforced as a judgment of that court.
Source: Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A
Ontario arbitrators can compel the production of documents, summon witnesses, accept evidence whether or not a court would admit it, and interpret and apply human rights and other employment-related statutes.
Source: Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A
Where an employee was disciplined for cause and the collective agreement sets no specific penalty, an Ontario arbitrator may substitute a penalty that seems just and reasonable in all the circumstances.
Source: Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A
With the parties' consent, an Ontario arbitrator may mediate at any stage, and keeps the power to decide if mediation does not resolve the matter.
Source: Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A
In federally regulated workplaces, the Canada Labour Code requires every collective agreement to provide for final settlement without stoppage of work, by arbitration or otherwise, and an award can be filed in the Federal Court and enforced as its judgment.
Mediator & Arbitrator
Independence matters.
When retained as a mediator or arbitrator, Rima acts independently and impartially and does not represent either party. All appointments are subject to appropriate conflict and independence screening.
Questions
Frequently asked questions
Is an arbitrator's decision final?
Yes. Grievance arbitration is a final and binding process. Under Ontario's Labour Relations Act, 1995, the decision binds the parties and the employees affected by it.
What if the parties cannot agree on an arbitrator?
In Ontario, if the parties fail to appoint an arbitrator, either party may ask the Minister to make an appointment under section 48. That appointment is at the Minister's discretion.
Can an arbitrator also mediate?
Yes, with the parties' consent. In Ontario, an arbitrator may mediate at any stage and keeps the power to decide if mediation fails. Under the Canada Labour Code, a federal arbitrator may likewise help resolve the difference without losing the power to continue the arbitration.
How is Rima Zamat appointed?
Contact the practice with the names of the parties and the nature of the dispute. Appointment is subject to confirmation and to conflict and independence screening, and contacting the practice does not by itself create an appointment.
Related reading
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Looking for a mediator or arbitrator?
Tell us about the dispute and the parties. Appointment is subject to confirmation and to conflict and independence screening.