The applicant union sought judicial review of an arbitrator's decision dismissing grievances related to pension grow-in benefits for employees who were indefinitely laid off following a plant idling.
The arbitrator found the employees were not terminated by the employer, but rather terminated their own employment by electing to take severance pay instead of retaining recall rights.
The Divisional Court allowed the application for judicial review, finding the arbitrator's failure to consider section 4(2) of O. Reg. 288/01 under the Employment Standards Act constituted a fundamental gap in reasoning.
The matter was remitted to a different arbitrator for a new hearing.
