Hired as a bus driver, the plaintiff was fired March 11, 2009 while he was still on probation. The union filed a grievance alleging that this was illegal, improper, arbitrary and discriminatory. On June 4, 2010, the arbitrator dismissed the preliminary objection. In his view, the relevant clause does not preclude good faith, under sections 6 and 7 of the Civil Code of Quebec, where the complaint alleges an unlawful dismissal, abusive, discriminatory or in bad faith imposed. The employer sought judicial review of that decision.

The Superior Court ruled that the standard of review is reasonableness, since the essence of the dispute stems from the interpretation of a clause in the agreement. The arbitrator did not exceed its jurisdiction by introducing the principle of good faith in the rights and obligations of the parties under the collective agreement. The arbitrator concluded that good faith, even if not explicitly stated in the collective agreement, is implicit, because it does not conflict with the collective labor relations. Judicial review of the employer is then rejected.

J.E. 2011-2027