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Arbitration award upholding random drug testing set aside as unreasonable for lacking evidence of workplace problem.
The applicant union sought judicial review of an arbitration award that upheld the employer's random drug testing policy for safety-sensitive positions at the airport.
The Divisional Court found the arbitrator's decision unreasonable because it departed from established arbitral jurisprudence without justification.
Specifically, the arbitrator upheld the policy without any evidence of a workplace drug problem at the airport, relying instead on evidence from a different case involving a different workplace.
The application for judicial review was granted, the award was set aside, and the grievance was remitted to a new arbitrator.
Commission permitted to withdraw from human rights complaint after reaching settlement with respondents.
The Ontario Human Rights Commission requested to withdraw from the proceedings after reaching a settlement with the respondents.
The complainant opposed the withdrawal unless the Commission was directed to take further steps to assist her in the Tribunal's processes.
The Tribunal allowed the Commission's request to withdraw, finding that its public interest mandate had been satisfied and that no special directions were necessary to minimize prejudice to the complainant.
