Serious illness unnecessary for ESA leave

The grievor's absenteeism was close to the allowable maximum and he had been cautioned. He was ill and attended a clinic, where he obtained a note. He called in before his shift to say he would not be working. He did not take the note to the employer. He was fired for excessive absenteeism. The arbitrator found the grievor's headache to be an illness and reinstated him.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 06/11/2012

A part-time usher was fired under the deemed termination provisions in his collective agreement after one absence too many pushed him over the terminal 10 per cent absence threshold. The union grieved.

W.N. was hired as a part-time usher at a large entertainment venue in 1994. W.N. also had a full-time job elsewhere.

The process for scheduling ushers to work events at the venue was set out in the collective agreement. Generally, workers signed up in advance to work particular events; however, depending on staffing needs and demand, ushers were on occasion required to work certain events.