The appellant, a Seventh-day Adventist, was unable to work his scheduled Friday evening shift due to his religious beliefs.
The employer and the appellant found a workable accommodation that required an exception to the collective agreement, but the union refused to consent and threatened a policy grievance.
The employer subsequently terminated the appellant.
The Supreme Court of Canada held that both the employer and the union have a duty to accommodate an employee's religious beliefs short of undue hardship.
The union's refusal to cooperate in a reasonable accommodation made it jointly liable with the employer for the adverse effect discrimination.
The appeal was allowed and the member designate's decision in favour of the appellant was restored.
