The applicant union sought judicial review of an arbitrator's award requiring a grievor, a registered nurse returning from a medical leave for physical surgery, to provide answers to questions regarding her mental health.
The Divisional Court held that the arbitrator's decision was unreasonable, as there was no basis to require a psychological assessment given that the grievor's absence was for physical, not mental, reasons.
The application for judicial review was granted and the arbitrator's award was set aside.
