Stephen McArthur

The applicants sought judicial review of two decisions by the Ontario Labour Relations Board regarding the layoff of a foreman.

The Board had determined that the employer violated the collective agreement by laying off the foreman without regard to seniority rights.

Applying the reasonableness standard of review, the Divisional Court found that the Board's interpretation of the collective agreement was transparent, intelligible, and justified.

The application for judicial review was dismissed.

The applicant employer successfully sought judicial review of an arbitrator's decision, resulting in the reinstatement of the grievor's employment termination.

The parties agreed the applicant was entitled to partial indemnity costs, leaving only the quantum to be determined.

The court assessed the claimed fees and disbursements, reducing the fees to $10,000 and disbursements to $2,535, noting the complexity of the proceeding and the reasonable expectations of the unsuccessful party under Rule 57.01(1).

The applicant employer sought judicial review of a labour arbitrator's decision to reinstate a bus driver who was terminated after a rear-end collision.

The arbitrator found the driver was careless but held the collective agreement required 'flagrant' carelessness to justify automatic dismissal.

The Divisional Court held the arbitrator's interpretation was unreasonable and violated the clear wording of the collective agreement and s. 48(17) of the Labour Relations Act, 1995.

The arbitrator's decision was set aside and the termination was reinstated.