The applicant employer sought judicial review of an arbitration award that allowed grievances filed by the respondent union.
The arbitrator had found that employees laid off for more than 35 weeks could concurrently elect to receive severance pay under the Employment Standards Act, 2000 and claim retirement benefits under the collective agreement.
The Divisional Court applied the reasonableness standard of review and upheld the arbitrator's decision, finding her interpretation of the collective agreement and treatment of arbitral jurisprudence to be intelligible, transparent, and justified.
The application was dismissed.
