Unionized Employee Cannot Judicially Review Labour Arbitrator’s Decision Without Union

The Ontario Divisional Court recently quashed an application for judicial review brought by an individual employee seeking to overturn an arbitrator's decision denying his discharge grievance. The Court ruled in Ali v United Food and Commercial Workers Canada that an individual employee lacks standing to apply for the review of an arbitration award. Subject to limited exceptions, only the union had the right to commence, withdraw or challenge arbitration proceedings.

The proceeding in question was brought by an employee who was terminated for alleged cause by his employer. The termination was grieved by  the employee's union and the matter proceeded to arbitration. The arbitrator upheld the termination and dismissed the grievance.