Re Baker and Wessenger et al.
Wrongful Dismissal and Arbitration Jurisdiction Conflict
Summary
A merits decision involving a wrongful dismissal case where an employee initiated court action before an arbitration award was issued. The court determined that the arbitrator was functus officio due to the court's jurisdiction over overlapping issues, and the arbitrator's award was quashed for misconduct under the Arbitrations Act.
Outcome
Arbitrator's award quashed for misconduct
Award
Arbitrator's award was quashed for exceeding jurisdiction and misconduct under section 12(2) of the Arbitrations Act.
Key Factors
- wrongful dismissal
- arbitration jurisdiction
- court's seisin
- arbitrator misconduct
- employment contract
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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.