Key Points:

• Parties: Hibernia Platform Employers’ Organization (Applicant) vs. Unifor (Local 2121) (Respondent)
• Background: The Applicant sought judicial review of an arbitrator's decision, which substituted a three-month suspension for an employee's termination for violating the Alcohol and Drug Policy by undisclosed use of CBD oil.
• Arbitration Decision: The arbitrator replaced the termination with a suspension, finding a conflict between the Alcohol and Drug Policy’s strict terms and the requirement for investigation in the case of policy violation.
• Judicial Review Outcome: The Court dismissed the judicial review application, upholding the arbitrator's decision as reasonable and within the Vavilov threshold of an acceptable decision.
• Reasoning: The Court agreed with the arbitrator's interpretation of the conflicting policy terms and the application of the doctrine of contra proferentem. It was determined that the employer's decision lacked a meaningful investigation as required, and thus the substitution of termination with suspension was justified.

Conclusion:

The court supported the arbitrator's decision, emphasizing the importance of fair and reasoned application of workplace policies and procedures, especially in cases involving drug and alcohol use and testing. This ruling underscores the necessity for employers to conduct thorough investigations before disciplinary actions and the arbitrators’ authority to modify disciplinary actions under collective agreements.