The applicant union sought judicial review of an arbitrator's award upholding the discharge of an employee for sleeping on the job.
The employee was subject to a Last Chance Agreement that permitted immediate discharge for sleeping at work.
The union argued the arbitrator unreasonably disregarded medical evidence suggesting the employee suffered from sleep apnea and circadian rhythm disorder.
The Divisional Court dismissed the application, finding the arbitrator carefully considered the evidence and reasonably concluded the sleep apnea only became significant after termination.
The arbitrator's decision was not patently unreasonable.
