Powers and findings by arbitrator
26(1)An arbitrator has all the powers of an arbitrator under the
Industrial Relations Act.
26(2)Where an arbitrator makes a finding that the action of the employer, supervisor or union was discriminatory or that an employer or union has threatened discriminatory action or intimidated or coerced an employee, the arbitrator shall make an order in writing which may include
(a)
an order to the employer, supervisor or union to cease the discriminatory action;
(b)
an order to an employer to reinstate the employee to their former employment under the same terms and conditions under which the employee was formerly employed;
(c)
an order to the employer to pay to the employee any wages the employee lost because the employee was wrongfully discriminated against; or
(d)
an order to the employer or union that any reprimand or other reference to the matter in the employer’s or union’s records on the employee’s conduct be removed.
26(3)After investigating a complaint, an arbitrator shall give findings in writing with reasons therefor and any order made under subsection (2) to the Commission, to the employer or union and to the employee.
26(4)Where an order is made under this section and it appears to a party bound by the order that the arbitrator has failed to deal with any matter of difference, or that a term of the order requires clarification, such party may, within fourteen days after the making of the order, request the arbitrator to deal with the matter and, upon such request, the arbitrator shall deal with the matter of the request in the same manner as in the case of a complaint initially before the arbitrator.
26(5)Any party to whom an order of an arbitrator under this section applies may, within thirty days after being notified of the order, apply by Notice of Application to a judge of The Court of King’s Bench of New Brunswick to review and set aside the order on the ground that it was made
(a)
without jurisdiction, or
(b)
on the basis of an error in law.
26(6)The Notice of Application shall be served by the appellant on the Commission and the other parties to the proceedings in accordance with the Rules of Court.
26(7)Upon service under subsection (6), the Commission and the arbitrator shall deliver to the clerk of The Court of King’s Bench of New Brunswick for the judicial district in which the application is to be heard all documents in their possession relating to the application and a copy of the order.
26(8)Repealed: 2001, c.35, s.11
26(9)After hearing the application, the judge may make any order in accordance with Rule 69.13 of the Rules of Court that the judge considers appropriate.
26(10)Where an application under subsection (5) is dismissed, the judge shall make an order establishing the date on which the order made under subsection (2) is to be effective.
26(11)To the extent that they are not inconsistent with the provisions of this section, the Rules of Court apply in respect of an application made under subsection (5).
26(12)In this section “arbitrator” means an arbitrator appointed under subsection 25(2).
1994, c.70, s.5; 2001, c.35, s.11; 2019, c.38, s.15; 2022, c.32, s.20; 2023, c.17, s.178