The applicant employer sought judicial review of an arbitrator's decision regarding the calculation of a terminated employee's separation allowance under a collective agreement.
The employer argued the arbitrator's findings on the start date, leaves of absence, and part-time pro-rating were unreasonable, and that the refusal to allow viva voce evidence breached procedural fairness.
The Divisional Court dismissed the application, finding the arbitrator's interpretation of the collective agreement was reasonable and entitled to deference.
The court also held that the employer was afforded procedural fairness, as the parties had agreed to proceed by written submissions and the proposed viva voce evidence would not have affected the outcome.
