The applicant union sought judicial review of an arbitrator's award upholding discipline against a grievor who refused to clean a workplace washroom.
The grievor, who had Hepatitis C, suffered a nosebleed and disposed of bloody tissues in the washroom.
When directed to clean and sanitize the area, he refused, claiming discrimination based on his disability.
The arbitrator found the employer's request reasonable and held that a single instance did not constitute a course of vexatious conduct under the Human Rights Code.
The Divisional Court dismissed the application, finding no error in the arbitrator's conclusion that the incident was a matter of industrial discipline rather than discrimination or harassment.
