The applicant school board sought judicial review of an arbitration award that reinstated a teacher who had been terminated for professional misconduct involving special needs students.
The arbitration board found the teacher's conduct warranted a significant disciplinary response but not termination, effectively imposing a four-and-a-half-year suspension without pay.
The Divisional Court applied the reasonableness standard of review and dismissed the application, finding that the arbitrator's decision to give the teacher a second chance fell within a range of reasonable outcomes and was supported by the evidence.