The grievor, a Sikh correctional officer, alleged that the employer's facial hair policy was discriminatorily enforced.
The union argued that the policy was inconsistently applied because some employees were temporarily exempted for health reasons, and that this differential treatment between protected groups (health vs. creed) violated the collective agreement.
The Grievance Settlement Board dismissed the grievance, finding that the policy was enforced in a substantially consistent manner and that providing temporary accommodation for health reasons did not obligate the employer to provide permanent accommodation for religious beliefs, which had previously been found to cause undue hardship.
