Alan Freedman

The applicant employer sought judicial review of a labour arbitrator's interim award ordering it to make ex gratia payments to a grieving employee whose sick leave benefits had been terminated.

The Divisional Court held that while the arbitrator's interpretation of the Labour Relations Act as granting jurisdiction for the interim award was unreasonable, his alternative reliance on the collective agreement was not patently unreasonable.

The interim award was upheld and the application for judicial review was largely dismissed.

The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his appeal from an Employment Standards Officer's refusal to issue an Order to Pay.

The Board had determined that the applicant resigned and was not constructively dismissed when asked to perform grinding operations.

The Divisional Court applied a reasonableness standard of review and found that the Board's conclusion was supported by the evidence.

The application for judicial review was dismissed.