The applicant hospital sought judicial review of an arbitrator's decision overturning the transfer of an employee who had previously been disciplined for assaulting a co-worker.
The hospital argued the transfer was an administrative decision to protect the complainant under the Occupational Health & Safety Act.
The arbitrator found the transfer constituted a second penalty for the same offence, violating the principle of double jeopardy.
The Divisional Court dismissed the application, holding that the arbitrator's decision was reasonable and properly balanced the competing values of workplace safety and protection against double jeopardy.
