The applicant employer sought judicial review of an arbitrator's decision regarding an employee placed on administrative leave without pay due to bail restrictions following an arrest.
The Divisional Court dismissed the application, finding that the arbitrator reasonably applied established arbitral jurisprudence requiring employers to attempt to identify an appropriate temporary position for employees precluded from performing normal duties due to pending criminal charges.
The court rejected the employer's argument that this principle was inapplicable because its actions were in response to bail restrictions.