The applicant employer sought judicial review of an arbitration award that reinstated a grievor who had been discharged for fraudulent misconduct, substituting a ten-day suspension.
The arbitrator found the employer engaged in discriminatory treatment because other employees who committed similar misconduct received significantly lighter penalties.
The Divisional Court dismissed the application, finding the arbitrator reasonably shifted the evidentiary onus to the employer after the union established a prima facie case of discriminatory discipline, and reasonably concluded the penalty was appropriate.
