The applicant union sought judicial review of an arbitration award that dismissed its grievance regarding the employer's use of key performance indicators (KPIs) to determine eligibility for a telework program during the COVID-19 pandemic.
The arbitrator had found that Letter of Understanding No. 11 (LOU 11) of the collective agreement, which governed monitoring and measurement, did not apply.
The Divisional Court held that the arbitrator's interpretation was unreasonable, as it failed to account for the plain wording of LOU 11 and the fact that KPIs are a form of measurement.
The award was quashed and the matter remitted for a new hearing before a different arbitrator.
