The employer sought judicial review of an arbitrator's decision finding a duty to accommodate a paramedic who lost his Class F driver's licence due to vision problems.
The arbitrator had ordered the employer to accommodate the grievor in an 'attend only' capacity.
The Divisional Court granted the application and set aside the arbitrator's decision, holding that the non-accommodating standard requiring all paramedics to drive was reasonably necessary to achieve the highest level of health and safety.
The court found the arbitrator erred by applying a standard of 'reasonable safety' and relying on a lack of historical evidence regarding volunteer paramedics.
