Reinstatement for wrongful termination

The grievor was terminated for abuse of sick leave. Her pattern of absenteeism had been red-flagged and the employer placed her under surveillance. The arbitrator found she suffered from depression (as her doctor confirmed), that her activities were consistent with the disease and that the employer had no reason to invoke surveillance.

A worker was fired for abuse of sick leave after her absences from work and covert surveillance persuaded the employer that the worker’s claimed illness was not bona fide.

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