SUPREME COURT OF NOVA SCOTIA
Citation: Public Service Alliance of Canada v. Commissionaires Nova Scotia
2014 NSSC 286
Date: 20140724
Docket: Hfx No. 419612
Registry: Halifax
Between:
Public Service Alliance of Canada
Applicant
v.
Commissionaires Nova Scotia
Respondent
LIBRARY HEADING
Judge: The Honourable Justice M. Heather Robertson
Heard: February 19, 2014, in Halifax, Nova Scotia
Decision: July 24, 2014
Subject: Judicial Review of a decision of an Arbitration Board appointed pursuant to the Canada Labour Code.
Summary: Arbitration Board upheld the termination of the grievor finding he committed an unprovoked physical assault on a co-worker.
Issue: The appropriate standard of review – reasonableness; was the Arbitration Board’s decision reasonable?
Result: The Arbitration Board made obvious errors in law reversing the onus upon the grievor to show mitigating factors as to why the penalty of discharge should be substituted by a lesser penalty. Arbitration Board decision set aside. The matter to be resubmitted back to the Arbitration Board for reconsideration.
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