The applicant employer sought judicial review of two arbitration decisions that allowed a disabled employee to elect to receive severance pay under the collective agreement.
The arbitrator found that the employee, who could no longer perform his job due to a workplace injury, was entitled to elect severance because no other job had been offered to him, meaning no job was 'available'.
The Divisional Court dismissed the application, finding the arbitrator's interpretation of the collective agreement and her conclusion that a job must be offered to be considered available were reasonable.
