Corry v. Board of Education of Calgary School District No. 19, (1982) 37 A.R. 185 (QB)

• Judge: Moshansky, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 21, 1982
• Citations: (1982), 37 A.R. 185 (QB)

Corry v. Calgary School Bd. (1982), 37 A.R. 185 (QB)

MLB headnote and full text

Corry v. Board of Trustees of Calgary School District No. 19

(8101-06508)

Indexed As: Corry v. Board of Education of Calgary School District No. 19

Alberta Court of Queen's Bench

Judicial District of Calgary

Moshansky, J.

May 21, 1982

Summary:

The plaintiff teacher brought an action against his school board to recover the balance of his professional improvement leave salary. The teacher embarked on a negotiated one year leave. After eight months of the leave the board asked him to assume full-time teaching, which he did, while continuing his leave. He received both teaching pay and his leave compensation. Then the teachers' union went on strike and he withdrew his teaching services, but continued with his courses under the leave. However, the board during the strike cut off not only his teacher's pay, but also his leave compensation. The teacher claimed entitlement to the leave compensation under the leave agreement, but the board took the position that the leave was governed by the collective agreement, which had expired.

The Alberta Court of Queen's Bench allowed the teacher's action and held that the leave compensation was recoverable under a separate contract between him and the board, which was unaffected by the strike or the expiry of the collective agreement.

Labour Law - Topic 6402

Industrial relations - Collective agreements - General - Effect of - On employer-employee contracts - The Alberta Court of Queen's Bench held that a school board and a teacher could agree on the terms of educational leave for the teacher in an agreement separate from a collective agreement, provided that the separate agreement was not incompatible with the terms and conditions of the collective agreement - See paragraphs 11 to 32.

Labour Law - Topic 9574

Public service labour relations - Collective agreements - Pay - Educational or professional improvement leave - The Alberta Court of Queen's Bench held that a school board and a teacher could reach a separate agreement respecting professional improvement leave authorized by the collective agreement - The court held that the leave agreement was enforceable independently of the terms of the collective agreement and was unaffected by a strike under the collective agreement or the expiry of the collective agreement.

Cases Noticed:

Ainscough v. McGavin Toastmaster Ltd., [1975] 5 W.W.R. 444; 4 N.R. 618; 54 D.L.R.(3d) 1 (S.C.C.), consd. [para. 14].

Canadian Pacific Railway v. Zambri, [1962] S.C.R. 609, consd. [para. 14].

Telegram Publishing Co. Ltd. and Zwelling et al., Re (1975), 11 O.R.(2d) 740, consd. [para. 15].

Syndicat Catholique des Employes de Magasins de Quebec, Inc. v. Compagnie Paquet Ltee., [1959] S.C.R. 206; 18 D.L.R.(2d) 346, consd. [paras. 15, 16].

Winnipeg and Winnipeg Police Dept. v. Manitoba Police Commission (1980), 3 Man.R.(2d) 161, consd. [para. 15].

Brunet v. General Motors, [1977] 2 S.C.R. 537; 13 N.R. 233, consd. [para. 15].

Gibralter Mines Ltd. and Canadian Association of Industrial Mechanical and Allied Workers, Local 18, Re (1977), 15 L.A.C.(2d) 8 (B.C.), consd. [para. 21].

Statutes Noticed:

School Act, R.S.A. 1970, c. 329, sect. 74(3) [para. 17].

Counsel:

C.P. Clarke, for the plaintiff;

A.J. Jordan, for the defendant.

This case was heard at Calgary, Alberta, before MOSHANSKY, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on May 21, 1982: