In this Decision of the Ontario Divisional Court, the Court addressed an application for judicial review brought by the Clarion Lakeside Inn and Conference Centre (the “Employer”) in response to an Award of Arbitrator John McNamee.
The case involved a hotel that burned down, resulting in the hotel workers being laid off. In the Award, Arbitrator McNamee found that the employment contracts of the union members were not frustrated and ordered the Employer to pay termination pay in accordance with the ESA to each of the unionized employees.
The Employer argued in its application for judicial review that the Award was unreasonable and that it should be overturned.
Justices O’Brien, Matheson and Kurz of the Divisional Court unanimously agreed with the Union’s position that the Award was reasonable and dismissed the Employer’s application for judicial review.