The applicant employer sought judicial review of a labour arbitrator's decision to reinstate a bus driver who was terminated after a rear-end collision.
The arbitrator found the driver was careless but held the collective agreement required 'flagrant' carelessness to justify automatic dismissal.
The Divisional Court held the arbitrator's interpretation was unreasonable and violated the clear wording of the collective agreement and s. 48(17) of the Labour Relations Act, 1995.
The arbitrator's decision was set aside and the termination was reinstated.
