The applicant hospital sought judicial review of an arbitrator's decision upholding a grievance by a social worker (OPSEU member) who claimed permanent status in a Court Support Worker position.
The position had been temporarily vacated by a nurse (ONA member) who took a short-term acting manager role.
The Divisional Court found the arbitrator's decision unreasonable because he reversed the onus of proof, ignored compelling evidence that the assignment was temporary, and breached natural justice by failing to give notice of the hearing to the ONA.
The arbitrator's decision was set aside and the matter remitted to a new panel.
