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Turnaround Courier Inc Case Study

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Summary of the Facts

In TurnAround Couriers Inc. v. C.U.P.W. (2012), TurnAround Couriers Inc. is the Applicant, and The Canadian Union of Postal Workers is the Respondent. This case comment refers to a Federal Tribunal’s jurisdictional ability to hear a labour dispute concerning a courier company.

TurnAround Couriers Inc. (“TurnAround”) is a Toronto-based “same-day” courier service that was established in 2002 and operated as a for-profit corporation. TurnAround’s primary business transactions included courier delivery by foot, bicycle and subway. Car delivery was also available but was outsourced through a separate company. TurnAround prided itself in employing ‘at-risk’ youth in the Greater Toronto Area and even provided its employees …show more content…

This application would make the CUPW a union that would possess sole authority to act on behalf of all of TurnAround’s employees. The basis of this application was that TurnAround fit the definition of ‘providing a postal service’ as defined under section 91 (5) of the Constitution Act . TurnAround contended that they were not subject to the jurisdiction of the Canadian Labour Code , because they carried on business solely in the Province of Ontario. The CIRB granted the CUPW’s …show more content…

The CIRB, at the reconsideration hearing, determined that it did have jurisdiction over TurnAround’s business operations and that the only possible exception for jurisdiction was under section 91 (5) of the Constitution Act . According to this section of the Act, postal services are governed by the Canada Post Corporation Act (CPC Act). The Act specifies the creation and operation of a ‘postal service’ that distributes and collects mail nationally and internationally. However, section 15(1)(e) of the CPC Act excludes messenger services from the regulations imposed on federally run postal

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