Mark D. Contini

The applicant union sought judicial review of an arbitrator's award upholding the discharge of an employee for sleeping on the job.

The employee was subject to a Last Chance Agreement that permitted immediate discharge for sleeping at work.

The union argued the arbitrator unreasonably disregarded medical evidence suggesting the employee suffered from sleep apnea and circadian rhythm disorder.

The Divisional Court dismissed the application, finding the arbitrator carefully considered the evidence and reasonably concluded the sleep apnea only became significant after termination.

The arbitrator's decision was not patently unreasonable.

The applicant ballet company sought a stay of an interim arbitral award that suspended the non-renewal of the respondent dancer's employment contract and ordered her reinstatement pending a final decision.

The applicant argued the arbitrator lacked jurisdiction to order reinstatement under the Labour Relations Act.

The court dismissed the motion for a stay, finding that while there was a serious question to be tried regarding jurisdiction, the applicant failed to establish irreparable harm.

The balance of convenience strongly favoured the respondent, as a further hiatus in dancing would likely end her career, whereas the applicant would not suffer a fatal blow if she were reinstated.

The applicant union sought certification for a single all-employee bargaining unit encompassing both the respondent's shop employees and its on-site construction installers.

The respondent argued for separate bargaining units.

The Ontario Labour Relations Board found that the respondent engaged in both construction and non-construction activities but did not use a common work force for both.

Consequently, the Board ruled that the shop employees and the construction employees must constitute separate bargaining units, leaving the precise descriptions to be determined with a Labour Relations Officer.