The applicant sought judicial review of an arbitration award that reinstated a bus driver to a non-driving position after he was terminated for a fatal accident and convicted of careless driving.
The applicant argued the arbitrator failed to apply the proper test for discharge and unreasonably found the employment relationship was not irretrievably damaged.
The Divisional Court dismissed the application, finding the arbitrator reasonably applied the relevant factors, including the grievor's record, remorse, and the nature of the misconduct, in exercising his statutory discretion to substitute a penalty.
