The appellant union appealed a Divisional Court decision upholding an arbitrator's dismissal of a grievance regarding an employee's termination.
The employee, who had a 20-year unblemished record, was terminated for failing to provide requested medical information by a specific deadline while on short-term disability leave.
The Court of Appeal allowed the appeal, finding that the arbitrator failed to properly apply the principle of proportionality from McKinley v. BC Tel and improperly relied on the employee's lack of candour during the arbitration process to justify the employer's prior termination decision.
The matter was remitted to a different arbitrator for reconsideration of the appropriate sanction.
