The respondent employee was discharged by the appellant employer following an altercation.
A labour arbitrator upheld the discharge.
The employee also filed a human rights complaint alleging racial discrimination and a poisoned work environment.
A Board of Inquiry found the employer liable for discrimination and ordered remedies including damages and reinstatement.
The Divisional Court dismissed the employer's appeal.
On further appeal, the Court of Appeal held that the arbitrator did not have exclusive jurisdiction over the human rights complaint under the Weber framework, nor did issue estoppel apply.
However, the Court set aside the reinstatement order, finding it inappropriate given the 11-year delay, the employee's subsequent comparable employment, and the Board's failure to give adequate weight to the arbitrator's decision.
