The Toronto v. CUPE case involved a grievance arbitration. The city employed a man as a recreation instructor. He was charged with, and convicted of, sexually assaulting a boy under his supervision. The conviction was upheld on appeal. The city dismissed the employee. The employee grieved his dismissal. The city did not call the complainant to testify in the arbitration. It sought to prove the assault by other means. The employee testified that he did not assault the boy. The arbitrator ruled in favour of the employee, finding that the city had not proved that the assault occurred and that the presumption raised by the criminal conviction had been rebutted.
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