The applicant hospital sought judicial review of an arbitration award regarding the reduction of hours for regular part-time nurses following a bed closure.
The arbitrator had found that while the hospital was not obliged to schedule part-time nurses to their committed hours if work was unavailable, failing to do so constituted a lay-off under the collective agreement.
The Divisional Court held that these two findings were fundamentally inconsistent and led to an absurd result.
The court granted the application, setting aside the arbitration award as unreasonable, and remitted the matter back to the arbitrator.
