The applicant union sought judicial review of an arbitrator's decision that substituted a lengthy suspension without pay for the grievor's dismissal.
The Divisional Court dismissed the application on two grounds.
First, the applicant's unexplained delay of over a year and a half in perfecting the application caused prejudice to the respondent and warranted dismissal.
Second, the arbitrator's decision to deny back wages was entirely reasonable and within his broad remedial jurisdiction under the Labour Relations Act, 1995.
The court found no denial of procedural fairness, as the issue of penalty was in play throughout the hearing.
