The applicant sought judicial review of an arbitration award that ordered her to repay a $209,912 lump sum to her former employer.
The arbitrator found that the applicant breached the confidentiality provision of a grievance settlement agreement by referencing the payment in a self-published book.
The Divisional Court dismissed the application, finding that the applicant lacked standing because the union had not failed in its duty of fair representation.
Furthermore, the court held that the arbitrator reasonably concluded the repayment provision was a valid forfeiture clause, not an unconscionable penalty, and that the applicant had clearly breached the confidentiality terms.
