Conseil Scolaire Acadien Provincial v. Nova Scotia Teachers Union

Background:

• A teacher was placed on leave with pay by CSAP pending misconduct investigations.
• The teacher went on sick leave, with his physician recommending six weeks of medical leave starting June 9, 2022.
• CSAP marked the teacher on unpaid medical leave from July 1, stopping his salary from August 1.

Grievances:

• NSTU filed grievances under both Provincial and Regional Agreements.
• Arbitrator Sacha Morisset found CSAP violated the Regional Agreement by misclassifying the teacher's leave status and not replenishing his sick leave.
• The Arbitrator ordered CSAP to pay the teacher's salary from August 1 onward as reparation.

Judicial Review:

• CSAP sought judicial review, claiming the Arbitrator exceeded his jurisdiction and acted unreasonably.
• The court applied a correctness standard to determine if the Arbitrator exceeded his jurisdiction.

Key Issues:

1. Jurisdiction: The court found the Arbitrator exceeded his jurisdiction by addressing salary issues, which fall under the Provincial Agreement.
2. Reasonableness: Although reasonableness was questioned, the focus was on the jurisdictional overreach.

Court Decision:

• The court set aside the Arbitrator's orders related to salary and benefits, as these were beyond his jurisdiction.
• The issue of sick leave was upheld, but salary and benefits matters were to be determined by an arbitrator under the Provincial Agreement.
• The teacher's salary repayment was deferred for future determination by the appropriate arbitrator or mutual agreement.

Costs:

• CSAP was awarded costs of $875 plus reasonable disbursements.