The applicant Health Unit sought judicial review of a labour arbitration award that found it breached the collective agreement by offering straight-time payouts for accumulated comp time during the COVID-19 pandemic.
The Health Unit argued the breach was authorized by the Emergency Management and Civil Protection Act and O. Reg. 116/20.
The Divisional Court determined the standard of review for interpreting the emergency order was correctness.
Although the court found the arbitration board erred in concluding the Act did not permit orders with financial consequences, it upheld the board's factual finding that the specific measure taken was not 'reasonably necessary' to respond to the outbreak.
The application for judicial review was dismissed.
