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.
