The applicant union sought judicial review of a labour arbitration award that denied a grievor's claim for a pension after 31 years of continuous employment.
The majority of the arbitration board had found that the grievor waived his right to pension benefits and that the doctrine of laches barred the grievance.
The Divisional Court held that the arbitration board's decision was unreasonable.
The collective agreement and pension plan documents mandated enrollment for full-time employees and did not permit waiver.
Consequently, the employer bore the obligation to ensure enrollment, and the equitable defence of laches could not apply where waiver was legally impermissible.
The application was granted, the award quashed, and the matter remitted to the arbitration panel.
