The applicant hospital appealed an arbitrator's preliminary order granting the respondent union an extension of time to proceed to arbitration for a discharge grievance.
The union had missed the 21-day deadline by four days.
The Divisional Court reviewed whether the arbitrator had jurisdiction under s. 48(16) of the Labour Relations Act, 1995 to extend the time limit.
The Court held that because the collective agreement specifically included the referral to arbitration as Step 3 of the grievance procedure, the arbitrator correctly concluded she had jurisdiction to extend the time.
The appeal was dismissed.
