The applicant union sought judicial review of a Grievance Settlement Board decision finding that the respondent Ministry did not breach its duty to accommodate an employee terminated for innocent absenteeism.
The employee suffered from a chronic back condition causing unpredictable and excessive absenteeism.
The union argued the duty to accommodate included allowing the employee not to work when unable.
The Divisional Court held the standard of review was reasonableness and upheld the Board's decision, stating the duty to accommodate is intended to allow employees to fulfill their duties, not to completely alter the essence of the employment contract by accepting excessive absenteeism.
