Can an arbitrator award damages for mental distress?
Canada (Federal), Canada
The following excerpt is from Canadian Pacific Railway Company v Unifor and its Local 101R, 2014 CanLII 22982 (CA LA):
68. Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 S.C.R. 929, established that arbitrators have the power to redress express or implied violations of the collective agreement including, in the proper case, damages for mental distress.
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