Odessa O’Dell

The employer brought three applications for judicial review of arbitration awards concerning the termination of the grievor's employment.

The arbitrator had found that the employer's declaration of redundancy was a disguised dismissal made in bad faith, and awarded the grievor net damages of $392,276, including $10,000 in moral damages.

The Divisional Court dismissed the applications, finding the arbitrator's decisions on estoppel, the merits of the dismissal, and the calculation of damages (including the contingency factor and mitigation) to be reasonable.

A case management endorsement setting out the procedural schedule and directions for three related applications between the applicant employer and the respondent association.

The court ordered that the applications be heard together by a bilingual panel via ZOOM videoconference.

Directions were provided for the electronic filing of materials, including the use of a password-protected drop box, hyperlinked factums, and the avoidance of unnecessary duplication in the record.