A dispute involving a Mount Royal University professor and the faculty association reached the Alberta Court of Appeal after an arbitrator ordered compensation instead of reinstatement. The Alberta Labour Relations Board had sent the remedy back for reconsideration because the association hadn't been heard on a point central to the decision and the reasons were inadequate.
In Mount Royal Faculty Association v. Mount Royal University, 2026 ABCA 322, Strekaf J.A. refused the university permission to appeal that remittal. The court said the proposed challenge to the legal test for compensation instead of reinstatement wasn't sufficiently meritorious. It also found that the academic freedom issue concerned the adequacy of the arbitrator's reasons, rather than a question warranting appellate permission.
The unresolved procedural fairness problem mattered because the university hadn't sought to appeal that finding. Further litigation would also delay a workplace dispute already several years old. The court did not order reinstatement or resolve the merits of the underlying grievances. The arbitrator must reconsider the remedy under the labour board's directions.
For counsel advising employers or unions, the case illustrates the importance of allowing parties to address material issues before a remedy is selected, explaining why reinstatement is no longer workable and respecting the limits of an application for leave to appeal.
Original reasons: Mount Royal Faculty Association v. Mount Royal University, 2026 ABCA 322, Court of Appeal of Alberta, October 13, 2026. https://albertacourts.ca/docs/default-source/ca/2026abca0322.pdf?sfvrsn=1d84af82_1