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The Divisional Court granted the application, finding that the arbitrator unreasonably applied an outdated legal test for prima facie discrimination rather than the established three-part test confirmed by the Supreme Court of Canada.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