The Tribunal found that the Johnstone test, which in the 2015 labour arbitration decision Ontario Public Service Employees Union (Bharti) v. Ontario (Natural Resources and Forestry) was applied in the context of eldercare, «imposes an unduly onerous burden on applicants» by requiring them to show that their legal responsibility for their children (or parents, in the case of eldercare) is impacted by
the impugned workplace rule.