3 total
Judicial review of arbitration decision upholding dismissal for safety violation dismissed; arbitrator reasonably excluded pre-seniority service.
The applicant union sought judicial review of a labour arbitration decision upholding the dismissal of an employee for a severe workplace safety violation.
The union argued the arbitrator unreasonably failed to consider the employee's ten years of pre-seniority service as a mitigating factor when declining to substitute a lesser penalty under section 48(17) of the Labour Relations Act.
The Divisional Court dismissed the application, finding the arbitrator reasonably interpreted the collective agreement and disciplinary grid, which distinguished between seniority and service, and reasonably concluded the egregious nature of the safety violation outweighed the mitigating factors.
Judicial review dismissed; OLRB reasonably found shuttle bus operator was a successor employer under the LRA.
The applicant sought judicial review of an Ontario Labour Relations Board decision declaring it a successor employer bound by a collective agreement after taking over a hospital shuttle bus contract.
The applicant argued the Board unreasonably expanded the definition of 'building service provider' and 'servicing the premises' under the Labour Relations Act, 1995.
The Divisional Court dismissed the application, finding the Board's interpretation of its home statute was reasonable, supported by the evidence, and consistent with its prior jurisprudence.
Judicial review of preliminary jurisdictional ruling dismissed for prematurity to avoid fragmenting administrative proceedings.
The applicant employer sought judicial review of a preliminary decision by the Ontario Labour Relations Board, which found that the employer's labour relations were provincially regulated and allowed the union's certification applications to proceed.
The Divisional Court dismissed the application for judicial review on the basis of prematurity.
The Court held that absent exceptional circumstances, which were not present here, administrative proceedings should not be fragmented by reviewing preliminary constitutional or jurisdictional issues before a final decision on the merits.
