Supreme Court

Decision Information

Decision Content

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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