Ottawa Civic Hospital v. Canadian Union of Public Employees, Local 576, (1990) 44 O.A.C. 308 (DC)

• Judge: Callaghan, C.J.O.C., O'Driscoll and O'Brien, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: December 21, 1990
• Jurisdiction: Ontario
• Citations: (1990), 44 O.A.C. 308 (DC)

Ottawa Hospital v. CUPE (1990), 44 O.A.C. 308 (DC)

MLB headnote and full text

Ottawa Civic Hospital (applicant) v. Canadian Union of Public Employees, Local 576 (respondent)

(No. 720/89)

Indexed As: Ottawa Civic Hospital v. Canadian Union of Public Employees, Local 576

Ontario Court of Justice

General Division

Divisional Court

Callaghan, C.J.O.C., O'Driscoll and O'Brien, JJ.

December 21, 1990.

Summary:

A registered nursing assistant was dismissed by a hospital. The R.N.A. grieved. The board of arbitration allowed the grievance. The hospital applied for judicial review of the decision.

The Ontario Divisional Court dismissed the application.

Arbitration - Topic 8403

Judicial review - Grounds - Misconduct - Patently unreasonable interpretation - A hospital employee was discharged for excessive absenteeism while on sick leave - The employee's absences were innocent, being caused by undiagnosed health problems - The employee's accumulated sick leave had not yet expired - The employee had 25 years' service during which time he accumulated the sick leave under previous collective agreements - The board of arbitration allowed the employee's grievance; it was not unreasonable "to expect the employer to put up with the problem until such time as the employee's sick leave credits are exhausted" - The Ontario Divisional Court dismissed the hospital's application for judicial review on the ground that the board's decision was not patently unreasonable.

Labour Law - Topic 9327

Public service labour relations - Judicial review - Decisions of board - Patently unreasonable decisions - [See Arbitration - Topic 8403].

Labour Law - Topic 9577

Public service labour relations - Collective agreement - Pay - Sick leave - [See Arbitration - Topic 8403].

Cases Noticed:

Council of Printing Industries of Canada and Toronto Printing Pressmen and Assistants' Union, No. 10 et al., Re (1983), 42 O.R.(2d) 404 (C.A.), refd to. [para. 7].

Counsel:

L.H. Harnden, for the applicant;

J.K. McDonald, for the respondent.

This application was heard on December 17, 1990, before Callaghan, C.J.O.C., O'Driscoll and O'Brien, JJ., of the Ontario Divisional Court.

The judgment of the court was delivered orally by Callaghan, C.J.O.C., and released on December 21, 1990.