Megan Telford

The applicant filed an application alleging employment discrimination on the basis of race, colour, ancestry, and ethnic origin.

The respondent argued that the Tribunal lacked jurisdiction because the applicant's employment fell under federal jurisdiction over banking.

The applicant contended he worked in securities for a separate entity, not in banking.

The adjudicator found insufficient evidence to determine jurisdiction on the written record, ordered the respondent to file a full response, and scheduled a preliminary hearing on the jurisdictional issue.

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.