The applicant union sought judicial review of an arbitrator's decision upholding the dismissal of a grievor for verbally abusing a client by telling them to 'shut up'.
The Divisional Court found that the arbitrator's conclusion that this single instance constituted 'abuse' under the collective agreement, thereby mandating discharge, was unreasonable.
The court held that while the conduct was rude, it lacked the necessary characteristics of being demeaning, insulting, humiliating, or derogatory to constitute abuse.
The application for judicial review was granted.
