Pierre Bégin

The appellant school board appealed a decision of the Quebec Court of Appeal affirming a Superior Court judgment that granted the respondent union's application for judicial review of an arbitral award.

The Supreme Court of Canada allowed the appeal, finding that the arbitrator's award, which interpreted the collective agreement regarding the assignment of teaching staff, contained no patently unreasonable error.

The Court held that the arbitrator's approach was rational and based on the collective agreement and education legislation, meaning it could not be challenged before the courts.

Three Jewish teachers took a day off to celebrate Yom Kippur.

The School Board granted them a leave of absence but without pay.

The teachers' union brought a grievance seeking reimbursement for the day's pay.

The Supreme Court of Canada held that the school calendar, although neutral on its face, had the effect of adversely discriminating against Jewish teachers.

The Court found that the School Board failed to take reasonable steps to accommodate the teachers short of undue hardship, as paying them for the day would not impose an unreasonable financial burden and was permitted under the collective agreement.