The appellant teachers' federation appealed a Divisional Court decision dismissing its application for judicial review of an arbitration award.
The grievance concerned a teacher returning from pregnancy leave who was assigned to teach a different subject than she taught before her leave.
The arbitration board held that under s. 43(1) of the Employment Standards Act, the teacher's 'position' meant a teaching position at the same school in a subject for which she was qualified, not necessarily the exact same subject.
The Court of Appeal affirmed the Divisional Court's finding that the appropriate standard of review was reasonableness, and that the arbitration board's interpretation was reasonable given the principal's statutory power to assign classes under the Education Act.
