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.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 07/17/2012

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.

M.A. worked as a Food Service Helper at a residential mental health services facility. She began part-time in 1992 and became full-time in 2006.

M.A.’s attendance over her career was not good. Her level of sick leave usage was high and the patterns of absence were observed to extend vacation times, rest days and holidays.