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S-4.2, r. 5.2 - Regulation respecting certain terms of employment applicable to senior administrators of agencies and of public health and social services institutions
Section 145
Disposition versions
145. The arbitrator shall establish the hearing procedure taking into account the recognized principles of natural justice and shall exercise the powers prescribed by Division III of Chapter IV of Title I of the Labour Code (chapter C-27) subject to this Chapter.
Notwithstanding section 100.6 of the Labour Code, the Minister may not be summoned to testify.
The arbitrator shall convene the parties at least 10 days prior to the date of the first hearing. Where the representative, duly summoned, of a party fails to be present, the arbitrator may proceed with the hearing.
The arbitrator shall ascertain that the arbitration request was filed within the prescribed period, verify whether the procedure followed by the employer in making the decision is consistent with the Act and with this Regulation, and assess the admissibility and the nature of the misunderstanding.
The arbitrator shall receive the observations of the parties and take the misunderstanding under advisement. The parties shall exchange copies of their respective written observations, if any.
