The applicant employer sought judicial review of an arbitrator's decision striking a one-day suspension given to a union representative for unprofessional conduct during and after a termination meeting.
The employer argued the arbitration was procedurally unfair and the arbitrator applied the wrong legal test.
The Divisional Court found that while the arbitrator's refusal to hear a preliminary objection regarding evidence admissibility breached procedural fairness, the outcome of a new hearing would inevitably be the same.
The arbitrator had accepted the employer's evidence regarding the conduct but correctly applied the legal test protecting union representatives from discipline unless their conduct is malicious, knowingly false, or intimidating.
The application for judicial review was dismissed.
