Char Wiseman

The applicant employer sought judicial review of an arbitrator's decision striking a one-day suspension given to a union representative for unprofessional conduct during and after a termination meeting.

The employer argued the arbitration was procedurally unfair and the arbitrator applied the wrong legal test.

The Divisional Court found that while the arbitrator's refusal to hear a preliminary objection regarding evidence admissibility breached procedural fairness, the outcome of a new hearing would inevitably be the same.

The arbitrator had accepted the employer's evidence regarding the conduct but correctly applied the legal test protecting union representatives from discipline unless their conduct is malicious, knowingly false, or intimidating.

The application for judicial review was dismissed.

Two teachers' unions sought judicial review of Ontario Labour Relations Board decisions regarding collective bargaining with the Crown.

The OLRB had dismissed OSSTF's claim of bad faith bargaining, finding the Crown did not misrepresent its position on grid movement grievances.

The OLRB upheld ETFO's claim of bad faith bargaining but declined to award monetary damages, instead ordering a declaration and notice to members.

The Divisional Court applied the reasonableness standard and dismissed both applications, finding the OLRB's factual findings, inferences, and remedial choices were logical, transparent, and entitled to deference given its labour relations expertise.

The applicant employer sought judicial review of two Ontario Labour Relations Board decisions: a default decision finding it violated a collective agreement and awarding damages, and a decision denying reconsideration.

The employer had failed to participate in a related jurisdictional dispute or file a timely response to the grievance.

The Divisional Court dismissed the application, finding the Board's decisions were neither procedurally unfair nor unreasonable, as the employer had ample opportunity to participate but chose not to do so until the eve of the damages hearing.

The applicant employer sought judicial review of an arbitrator's decision ordering it to pay $185,000 in liquidated damages for failing to produce documents in a timely manner during a grievance process under a construction industry collective agreement.

The Divisional Court found the arbitrator's decision was reasonable and did not breach procedural fairness, as the collective agreement mandated strict timelines and specific penalties for non-compliance.

The application was dismissed, save for a mathematical calculation error regarding the exclusion of weekends and holidays, which was remitted to the arbitrator on consent.