A police officer was dismissed by the disciplinary committee after being found guilty of shoplifting.
The appellant union filed a grievance, and the arbitrator substituted the dismissal with a thirteen-month suspension without pay, finding the original penalty too severe.
The respondent applied for a writ of evocation, which was denied by the Superior Court but granted by the Court of Appeal.
The Supreme Court of Canada allowed the appeal, holding that the arbitrator did not exceed his jurisdiction under the Labour Code by imposing a penalty not explicitly available to the disciplinary committee, as his decision did not constitute an abuse of power amounting to fraud or flagrant injustice.
