Jacqueline J. Luksha

The applicant sought judicial review of an Ontario Labour Relations Board decision assessing damages against her former employer for breaches of the Employment Standards Act, 2000, including reprisal and unpaid overtime.

The applicant argued the Board's damages award was insufficient and sought additional compensation for lost bonus pay, pension contributions, and extended wage loss.

The Divisional Court dismissed the application, finding the Board's exercise of discretion under s. 104 of the Act was reasonable and fell within a range of acceptable outcomes.

The applicant union sought judicial review of an arbitrator's decision upholding an employee's termination for failing to maintain equipment and falsifying records.

The union argued it was denied procedural fairness because the arbitrator based the decision on willful neglect rather than deliberate sabotage.

The Divisional Court dismissed the application, finding that the employer had clearly argued willful neglect before the arbitrator and the union had ample opportunity to respond.