Don Shanks

The applicant school board sought judicial review of an arbitration award that upheld a union grievance regarding a teacher laid off out of seniority order.

The board argued it retained a junior teacher because she possessed specific skills (ASL and PECS) necessary for a special education course, fulfilling its statutory duty to provide the 'best possible program.' The Divisional Court dismissed the application, finding the arbitrator's conclusion reasonable that the collective agreement's seniority provisions and the statutory requirements were complementary, and that the junior teacher did not possess recognized qualifications superior to the senior teachers.

The applicant filed an application alleging discrimination in employment on the basis of race and ethnic origin.

The Tribunal issued a Case Assessment Direction requiring the applicant to file a witness list, witness statements, and documents.

The applicant failed to comply with the direction and did not communicate with the Tribunal.

The respondent requested that the application be dismissed.

The Tribunal dismissed the application as abandoned due to the applicant's non-compliance.