The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his complaint that his union breached its duty of fair representation under s. 74 of the Labour Relations Act, 1995.
The applicant had been terminated after failing to return to work following the lifting of a mandatory COVID-19 vaccination policy, claiming injuries from a car accident prevented his return.
The union filed a grievance but struggled to obtain medical documentation from the applicant to substantiate his incapacity.
The Divisional Court applied the reasonableness standard and found the OLRB's conclusion that the union did not act arbitrarily was justified, transparent, and supported by the evidence.
The application for judicial review was dismissed.
