Paul Meier

The applicant union sought judicial review of a Grievance Settlement Board decision that declined to hear four health and safety grievances related to a COVID-19 outbreak at a correctional facility.

The Arbitrator had ruled the grievances were barred by issue estoppel and collateral attack because the union had previously sought orders from Ministry of Labour inspectors under the Occupational Health and Safety Act for the same issues but failed to appeal the inspectors' decisions to the Ontario Labour Relations Board.

The Divisional Court dismissed the application, finding the Arbitrator's application of issue estoppel and collateral attack was reasonable.

The applicant union sought judicial review of an arbitrator's decision regarding a workplace investigation into an incident between a Black grievor and a white colleague.

While the arbitrator found the investigation procedurally flawed, he dismissed the claim that it was tainted by anti-Black racism or unconscious bias.

The Divisional Court granted the application, finding that the proper articulation of the test for prima facie discrimination is a question of central importance subject to a correctness standard of review.

The court held that the arbitrator misapprehended the test by requiring racism to be the 'dominant possibility' and by misapplying the shifting evidential burdens.

The discrimination claim was remitted to the arbitrator.

The applicant union sought judicial review of a Grievance Settlement Board (GSB) decision regarding a grievance for a poisoned work environment.

The GSB found that the grievor's rights were violated but concluded it lacked jurisdiction to award damages for mental stress, stating the Workplace Safety and Insurance Act (WSIA) was the appropriate forum.

The applicant argued the GSB's decision was unreasonable because it simultaneously found the employer's conduct fell within the WSIA's 'employment function' mental stress exclusion while directing the grievor to the WSIA scheme.

The Divisional Court agreed, allowed the application, and remitted the matter back to the same GSB arbitrator to properly determine whether the exclusion applied.

The applicant union sought judicial review of a Grievance Settlement Board decision which held that the Board lacked jurisdiction to award damages for mental stress arising from workplace bullying and harassment.

The Board concluded that the injury would be compensable under the Workplace Safety and Insurance Act, relying on previous tribunal decisions that found the acute mental stress limitation unconstitutional.

The Divisional Court dismissed the application, finding the Board's decision reasonable and declining to consider new arguments regarding the employment function bar and the Occupational Health and Safety Act that were not raised before the Board.