Judicial review of arbitrator's decision on duty to accommodate disabled paramedic dismissed as reasonable.
The employer sought judicial review of a labour arbitrator's decision finding that it failed to properly accommodate a paramedic who suffered a workplace injury.
The arbitrator held that under the collective agreement and the Human Rights Code, the employer was required to accommodate the paramedic by allowing him to 'ride third' in an ambulance once his medical restrictions permitted it, and that the employer failed to establish undue hardship.
The Divisional Court dismissed the application, finding the arbitrator's interpretation of the collective agreement and application of human rights principles to be reasonable.
The Corporation of the County of Brant v. Ontario Public Service Employees Union, Local 256, 2013 ONSC 1955