3 total
Motion to stay arbitrator's interim award dismissed as premature to avoid fragmentation of administrative process.
The applicant employer brought a motion to stay an arbitrator's interim award pending judicial review.
The employer had disciplined an employee, who grieved the discipline.
The employer subsequently withdrew the discipline and argued the arbitrator lost jurisdiction as the matter was resolved.
The arbitrator found there were remaining remedial issues and retained jurisdiction.
The Divisional Court dismissed the stay motion, finding no serious question to be determined because the judicial review application was premature and would result in fragmentation of the administrative process.
Appeal dismissed; termination for cause upheld where employer was unaware of employee's mental disability.
The appellant was terminated for cause after making violent threats to fellow employees.
He appealed, arguing his conduct was influenced by a mental disability and his termination violated the Ontario Human Rights Code.
The Court of Appeal upheld the trial judge's finding that the employer was unaware of the disability at the time of termination and fired him solely for workplace violence.
The appeal was dismissed, and the termination for just cause was upheld.
Application for judicial review of Minister's decision to revoke multi-site health and safety committee dismissed.
The applicants sought judicial review of a decision by the Minister of Labour's delegate to revoke a prior order that authorized a multi-site joint health and safety committee for the respondent school board.
The applicants argued the delegate failed to consider statutory criteria, exercise discretion properly, and provide procedural fairness.
The Divisional Court dismissed the application, finding the delegate's decision was a discretionary administrative decision akin to public policy, owed significant deference, and was reasonable given the committee's dysfunction.
