The applicant employer sought judicial review of a labour arbitrator's decision that mitigated the termination of an employee who engaged in a sophisticated scheme of job-related thefts.
The arbitrator had reinstated the employee for the purpose of applying for long-term disability benefits, finding that the employee's undiagnosed PTSD and depression 'clouded' the thefts.
The Divisional Court allowed the application and quashed the award, holding that the arbitrator's decision was unreasonable because it relied on contradictory findings regarding the medical evidence and failed to establish a clear nexus between the PTSD and the premeditated thefts.
