The applicant employer sought judicial review of an arbitration award that reinstated an employee who was terminated for absenteeism while incarcerated.
The arbitrator found that the employer acted unreasonably in terminating the employee rather than imposing a less onerous penalty, such as an unpaid suspension, under the collective agreement.
The Divisional Court dismissed the application, holding that the arbitrator's interpretation of the collective agreement and his conclusion that the employer must act reasonably were not patently unreasonable.
