The applicant employer sought judicial review of a labour arbitrator's decision forbidding the implementation of a finger scan system for checking employees in and out of the workplace.
The employer argued the arbitrator lacked jurisdiction and the decision was patently unreasonable.
The Divisional Court dismissed the application, finding that the employer had conceded jurisdiction before the arbitrator and that the arbitrator's balancing of the employer's interests against the employees' privacy interests was not patently unreasonable.