An Arbitrator is an independent third-party appointed to resolve the grievance after hearing from both sides.
Arbitrators cannot have a financial interest in the dispute. They cannot have acted for either party as a lawyer or agent in the past year.
If a single Arbitrator is going to be used, the union gives the employer one or more names of people they would be willing to accept as an Arbitrator. The employer can accept one of these people. If the employer does not want any of the named people, they provide the union with a list of names they will accept. From this list the union picks the Arbitrator. If the union does not pick an Arbitrator from this list either the union or the employer can ask the government to appoint an Arbitrator.
Employers and unions can also decide to use an Arbitration Board of three Arbitrators. In these cases, each side chooses one Arbitrator and then they agree on the third one. If they cannot agree on the third one either party can ask the government to choose the third Arbitrator.
Once an Arbitrator or an Arbitration Board has been selected the government formally appoints them.
This site provides general information about workplace sexual harassment only. It is not a substitute for receiving legal advice about your situation. Apply now to receive 4 hours of free legal advice.