What is Arbitration? Arbitration is a consensual or legislated dispute resolution process where a neutral arbitrator, either sitting alone or with a panel comprised of an employer nominee and union nominee, makes a binding decision based on evidence adduced at a hearing.
Angela Zborosky acts as a neutral arbitrator of labour law disputes in the context of:
⇒ Rights-based or Grievance Arbitration
⇒ Interest-based Arbitration (settling terms of collective agreements)
Selection of an Arbitrator: In most cases, unions and employers (or their nominees) will agree on who to select as the neutral arbitrator. This allows employers and unions to choose a labour law specialist who they trust to conduct a fair hearing and to render an impartial, soundly reasoned decision based on the evidence and the applicable law.
When choosing an arbitrator, it is important to consider the potential arbitrator's knowledge of the subject matter, experience as either an advocate or adjudicator in the labour relations area, and his or her ability to conduct a fair hearing and make reasoned decisions. It is also important to consider the person's case management skills, inter-personal skills, legal reasoning skills, knowledge of arbitration procedure, his or her ability to work with a panel, a tendency to be solution-oriented, and the ability to render timely decisions.
Angela Zborosky is a lawyer with over 17 years experience practicing labour law in a variety of capacities, including as an advocate, adjudicator, and member of several quasi-judicial tribunals while in private practice, and most recently, as the Vice-Chairperson of the Saskatchewan Labour Relations Board. She has the knowledge and expertise necessary to conduct hearings in accordance with procedural fairness and the principles of natural justice, deciding matters alone or with a three-member panel. She has the ability to analyze complex legal issues and impartially adjudicate disputes based on relevant legislation and case law, all of which leads to principles and reasoned decisions. Her particular strengths, which she utilizes in all hearings, include:
→ effectively and efficiently organizing and preparing for arbitration hearings
→ conducting hearing in an open manner, explaining procedure and putting parties and witnesses at ease
→ promoting an atmosphere of mutual respect at the hearing
→ retaining order at the hearing and keeping hearing "on track"
→ adjusting procedures to the needs of the parties and the subject matter
→ ensuring parties have the full opportunity to present their evidence and argument
→ identifying the real issues in dispute
→ having a strong understanding of labour law and evidentiary issues
→ ensuring a complete understanding of parties' evidence and legal positions
→ evaluating evidence and argument and determining and applying relevant principles of law
→ working co-operatively with panel members
→ reaching an impartial decision after carefully analyzing the evidence and relevant law
→ clearly articulating in the award the evidence considered, the terms of the decision and the reasoning used
Cancellation Policy - Please click here to see the cancellation policy applicable to arbitration hearings.
Angela understands the dynamics of the long-term union-employer relationship and knows that clients value practical solutions and well-reasoned and timely decisions.