Background:
Consumers’ Co-operative Refineries Limited (CCRL) implemented a COVID-19 vaccination/testing policy in 2021. Two employees, Dallas Shuparski and Ward Rubin, refused to comply despite multiple warnings and progressive discipline. Both were terminated in early 2022. Unifor Local 594 grieved the terminations, and an arbitrator found them unreasonable, ordering reinstatement. CCRL sought judicial review to quash the arbitrator’s decision.

Legal Issues:

1. Standard of Review: The court applied the reasonableness standard as established in Vavilov (2019 SCC 65).

2. Reasonableness of the Arbitrator’s Decision: The court considered whether the arbitrator’s decision to reinstate was reasonable, focusing on:

   • Misapplication of the standard of review.

   • Ignoring established arbitral jurisprudence (William Scott test).

   • Improper use of post-termination evidence.

   • Misapprehending the disciplinary history and seriousness of misconduct.

Decision:
The court found the arbitrator’s decision unreasonable, as it improperly questioned the validity of an unchallenged policy and failed to assess the employees’ misconduct adequately. The court held that termination was justified and dismissed the grievances.

Costs:
The court ordered costs in favor of CCRL based on Column 2 of the tariff.