Question juridique clé
Whether the internal arbitral tribunal had subject-matter competence over the challenged dismissal
Solution extraite
The appeal was upheld because the arbitrator had not established with certainty, but only by likelihood, that the dismissal was disciplinary and thus arbitrable.
Motifs extraits
For arbitral competence, the disciplinary nature of the dismissal was a jurisdictional fact that had to be established firmly, not merely made plausible. The arbitrator relied only on the dismissal letter and should have completed the evidence before deciding competence.