The applicant employer sought judicial review of an arbitration award finding that a re-qualification provision for short-term disability benefits was discriminatory.
The provision required employees to work three continuous 'regular work weeks' to re-qualify for benefits, which disadvantaged employees with partial disabilities who could only return to work part-time.
The Divisional Court applied the reasonableness standard of review and upheld the arbitrator's decision, finding that the provision discriminated against workers with partial disabilities who might never re-qualify for benefits despite working continuously at a reduced level.
