Jean-Paul Alexandrowicz

The applicant union sought judicial review of an arbitrator's decision upholding the termination of a nurse who misappropriated narcotics from the respondent hospital.

The arbitrator found that the nurse was addicted to narcotics and would not have engaged in the misconduct 'but for' her addiction, yet dismissed the grievance.

The Divisional Court granted the application, finding that the arbitrator unreasonably applied an outdated legal test for prima facie discrimination rather than the established three-part test confirmed by the Supreme Court of Canada.

The award was set aside and the grievance remitted to a new arbitrator.

The respondent school board brought a request to dismiss the applicant's human rights application, which alleged discrimination in a 2015 job interview for a long-term occasional teaching position.

The respondent argued the application should be dismissed under s. 45.1 of the Human Rights Code because the matter was settled by Minutes of Settlement in a prior grievance arbitration.

The Tribunal removed the personal respondent (a principal) as she was acting within the scope of her duties and the school board accepted vicarious liability.

The Tribunal declined to dismiss the application under s. 45.1, finding the Minutes of Settlement did not appropriately deal with the 2015 interview, which occurred after the grievance was filed.

However, the Tribunal deferred the application pending the completion of the applicant's teaching assignment and any related arbitration processes.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability.

The applicant's union filed a Request to Intervene, arguing it had an interest as the bargaining agent and knowledge of the facts.

The applicant opposed the request.

The Tribunal granted the union's request to intervene, noting that a union almost always has an interest in participating in Tribunal proceedings involving its members and the workplace.