The applicant union sought judicial review of a labour arbitrator's decision that denied a collective agreement severance benefit to employees terminated for absenteeism arising from a disability.
The Divisional Court upheld the arbitrator's decision, finding that the severance provision was designed to benefit employees subject to permanent lay-off, not all terminated employees.
The court agreed that comparing disabled persons to other persons terminated for cause did not violate the Human Rights Code.
The application for judicial review was dismissed.
