3 total
Judicial review of arbitration award reinstating bus driver to non-driving position dismissed as reasonable.
The applicant sought judicial review of an arbitration award that reinstated a bus driver to a non-driving position after he was terminated for a fatal accident and convicted of careless driving.
The applicant argued the arbitrator failed to apply the proper test for discharge and unreasonably found the employment relationship was not irretrievably damaged.
The Divisional Court dismissed the application, finding the arbitrator reasonably applied the relevant factors, including the grievor's record, remorse, and the nature of the misconduct, in exercising his statutory discretion to substitute a penalty.
Judicial review of arbitration award dismissed; arbitrator reasonably interpreted collective agreement and rejected estoppel claim.
The applicant union sought judicial review of an arbitration award that dismissed a policy grievance concerning the employer's amendment to its photo identification policy.
The amendment discontinued the practice of allowing non-management employees to bring an occasional visitor on transit vehicles without paying a fare.
The Divisional Court held that the arbitrator's interpretation of the collective agreement was reasonable, as the plain wording did not require consideration of past practice.
The Court also found that the arbitrator reasonably concluded the employer's past practice did not give rise to an estoppel, as there was no representation by the employer that the practice would continue.
The application for judicial review was dismissed.
Arbitrator's denial of retirement gratuity to teacher who resigned after criminal conviction upheld as reasonable.
The applicant union sought judicial review of an arbitrator's decision denying a retirement gratuity to a teacher who resigned following a criminal conviction for sexual assault.
The arbitrator found that under the collective agreement, the teacher did not retire 'for the reason of age' but rather because of his criminal conviction, and thus was not entitled to the gratuity.
The Divisional Court applied the reasonableness standard of review and upheld the arbitrator's decision, finding her interpretation of the collective agreement language to be intelligible, defensible, and within the range of acceptable outcomes.
