Arbitrator did not err in referring to subsequent facts of dismissal

Federal court | Labour and Employment Law | Labour law | Discipline and termination

Employee was issued suspension letter as result of refusal to deliver goods. Employer alleged that employee attacked supervisor with both hands on thorax as result of receiving letter. Employee was dismissed. Employee brought unfair dismissal complaint under Canada Labour Code. Complaint allowed in part because given fault of employee, it was not acceptable to reinstate but severance pay was ordered. Employer brought application for judicial review. Application dismissed. Subsection 242(4) of Canada Labour Code set out types of remedies arbitrator may grant when finding that dismissal was unfair and arbitrator had broad discretion to grant relief. Arbitrator did not err in referring to subsequent facts of dismissal because he did so in context of analysis of whether or not dismissal was warranted. Arbitrator did exactly type of contextual analysis required.

Transport Dessaults inc. c. Arel (2019), 2019 CarswellNat 8, 2019 FC 8, 2019 CF 8, William F. Pentney J. (F.C.); application for judicial review refused (2017), 2017 CarswellNat 849, Jean-Claude Bernatchez Member (Can.Adjud.(CLC Part III)).

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