COURT FILE NO.: 571/03

DATE: 20040205

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

macfarland, crane and c. campbell jj.

B E T W E E N:

MARKHAM HYDRO DISTRIBUTION INC.

Applicant

• and -

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION 636

Respondent

Douglas K. Gray, for the Applicant

Ronald N. Lebi, for the Respondent

HEARD: February 5, 2004

macfarland J.: (Orally)

1In our view the arbitrator’s conclusion as follows:

“I find that the Employer’s disciplinary letter of May 27th is an extremely complete document setting out exactly what they are disciplining him for, that is they are disciplining him for one day and they have considered his past record. I cannot discern any new event between May 27th and the discharge six weeks later that would trigger additional discipline. Nor is there any new evidence discovered since the suspension of May 27th.

It is my view that all of the events cited in the discharge letter were known to the Company when it imposed the one day suspension and were covered by the one day suspension.”

is entirely reasonable on this record. That letter recited past conduct which reasonably implicitly included the grievor’s “unjustified absence” from employment on May 21, 2002, particularly where the letter says:

“The next infraction will result in your dismissal.”

2We are not persuaded the award is patently unreasonable and the application is dismissed.

3The appeal book will read as follows: “For reasons given this day the application is dismissed. Costs to the respondent fixed in the sum of $4,500, inclusive of GST and disbursements.”

MACFARLAND J.

CRANE J.

C. CAMPBELL J.

Date of Reasons for Judgment: February 5, 2004

Date of Release: February 6, 2004

COURT FILE NO.: 571/03

DATE: 20040205

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

macfarland, crane and

c. campbell jj.