The applicant sought judicial review of an arbitration award reinstating an employee who had been dismissed for off-duty conduct.
The employee was charged with domestic assault, though the charges were later withdrawn.
The employer argued the arbitrator unreasonably focused on actual rather than potential reputational harm and failed to properly consider the employee's prior discipline for impaired driving and alcohol consumption.
The Divisional Court dismissed the application, finding the arbitrator's decision reasonable, as the arbitrator correctly applied the test for off-duty conduct and made factual findings that the conduct did not risk harming the employer's reputation and was not attributable to intoxication.
