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.
