The employer school board sought judicial review of a labour arbitration award that reinstated a teacher who had been discharged for inappropriate behaviour towards a female colleague.
The Divisional Court granted the application and set aside the award, finding that the arbitrator made several fundamental errors.
Specifically, the arbitrator failed to make critical findings of fact regarding the allegations, improperly applied a subjective test for harassment that required intent, and failed to ask whether the proven inappropriate conduct constituted just cause for discipline even if it did not amount to harassment.
The matter was remitted to a different arbitrator.
