VANBUSKIRK LAW BLOG

The Bulldog Brief

Kelly VanBuskirk Kelly VanBuskirk

The Mysterious Case of the Midnight Cleaners

The grievance arbitration award in Westfair Foods Limited v United Food and Commercial Workers Canada, Local 401, 2024 CanLII 100283 (AB GAA) helps delineate between an employer’s right to contract out bargaining unit work, and where “contracting out” mysteriously becomes “contracting in”. The case highlights the importance of carefully navigating the line between employers filling necessary gaps in their workforce, and unsuspectingly taking on responsibilities for workers they never hired. Additionally, it offers a new, summarized list of factors for arbitrators to consider in answering the question: whose employee is this?

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