Paula Turtle

The applicant employer sought judicial review of an arbitration award that found a deemed termination of a grievor's employment, entitling him to termination and severance pay under the Employment Standards Act.

The Divisional Court granted the application and quashed the award, finding that the arbitrator breached natural justice by deciding the case on the basis of frustration of contract—an issue not advanced by the union—without allowing the parties to address it.

The Court also found the arbitrator's decision unreasonable because he failed to determine a specific termination date and ignored evidence of a continuing employment relationship.

The applicant employer sought judicial review of a labour arbitrator's decision reversing a two-week suspension imposed on an employee for fighting.

The arbitrator found that the employee had not engaged in a fight, preferring the employee's viva voce evidence over written statements filed by the employer.

The Divisional Court dismissed the application, holding that the arbitrator's factual findings were not patently unreasonable and that the arbitrator correctly held the employer to the specific grounds assigned for discipline.