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Judicial review dismissed; OLRB reasonably found off-duty intoxicated threats did not constitute wilful misconduct under ESA.
The applicant employer sought judicial review of an Ontario Labour Relations Board (OLRB) decision upholding an order to pay statutory termination and severance pay to a former employee.
The employee had been terminated for off-duty, intoxicated misconduct involving threats to a co-worker.
The employer argued this constituted 'wilful misconduct' exempting the employee from statutory entitlements.
The Divisional Court applied a reasonableness standard of review and found the OLRB's contextual assessment of the misconduct—considering the employee's 14-year tenure, lack of prior discipline, and intoxication—was reasonable.
The application for judicial review was dismissed.
