Roman Stoykewych

The applicant sought judicial review to quash an arbitrator's award that allowed a grievance regarding holiday pay for daycare workers.

The arbitrator had interpreted the collective agreement to conclude that holiday pay was conditional on the employee working the day immediately following the holiday they were required to work, which in this case was after a summer layoff.

Applying the reasonableness standard of review from Dunsmuir, the Divisional Court found the arbitrator's subjective interpretation of the collective agreement was within a range of reasonable outcomes.

The application for judicial review was dismissed.

The applicant employer sought judicial review of a Board of Arbitration decision finding it had discriminated against a unionized security officer.

The employer had stopped offering the employee temporary management shifts after she attended a union convention.

The Divisional Court applied the pragmatic and functional approach, determining the standard of review was patent unreasonableness.

The Court found the arbitrator's interpretation of the collective agreement's anti-discrimination clause was logical and rational.

The application for judicial review was dismissed.