The applicant union sought judicial review of a labour arbitration award concerning a grievance for an employer's failure to investigate a workplace sexual assault of a 17-year-old employee.
The arbitrator upheld the grievance but awarded only $1,000 in nominal damages, finding the employee suffered no mental or emotional damages and blaming the lack of a formal complaint.
The Divisional Court found the award unreasonable, holding that the arbitrator failed to address the employer's statutory breaches under the Human Rights Code and the Occupational Health and Safety Act, relied on irrelevant considerations, and used stereotypical reasoning regarding the victim's reaction.
The court quashed the decision and directed a new hearing before a different arbitrator.
