The appellant employee was terminated after an extended absence due to knee pain.
The employer relied on a collective agreement clause cancelling seniority after 24 months of absence.
The union grieved, arguing a 48-month period applied under a clause for 'illness occurring or contracted while in the Company's plant'.
The arbitrator allowed the grievance, finding the clause covered non-industrial illnesses appearing during employment.
The Superior Court and Court of Appeal authorized a writ of evocation, holding the arbitrator altered the agreement.
The Supreme Court of Canada allowed the appeal, finding the arbitrator's interpretation was reasonable and did not exceed his jurisdiction, nor did he breach natural justice by changing his preliminary opinion.
