Three employees of Seaview Manor nursing home have lost their appeal to the Supreme Court of Nova Scotia over a ruling which favoured their union.
The eight-year-old legal battle between CUPE Local 2094 and three of its members, Janice McPhee, Mary Hill and Sharon MacLean, at Seaview Manor was resolved in November of last year when the court ruled the employees had no case against their union, and ordered the employees to pay the legal costs.
CUPE National Representative Kathy MacLeod says, “We are certainly glad this is finally over and done with. Local 2094 was completely vindicated by the court ruling.”
MacLeod says the case involved three employees taking their union to the Labour Board with what is called a ‘Duty of Fair Representation’ complaint. The case ended up at the Court of Appeal.
The Court of Appeal upheld a trial judge’s finding that the three individuals were instrumental in breaking ranks and instigating a walkout nearly a decade ago. They had no basis for any complaint against the union.
The Court of Appeal also ordered the three individuals to pay over $22,000 toward the union’s costs in defending the lawsuit.