Deemed termination inappropriate

The grievor was being treated for depression. Despite the diagnosis, the employer ended her disability leave and required her to return to work. When she did not, it claimed she had abandoned her job. The arbitrator found that the deemed termination provisions of the contract had been used unreasonably and she was reinstated.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 10/12/2012

A worker was fired under the deemed termination provisions of her collective agreement after she failed to heed the employer’s order to return from a medical leave.

J.D. (Jane Doe) worked as a receptionist at a medical centre. She started out with the employer as a 14-year-old kitchen helper and had more than 30 years’ service when she was fired. There was no discipline on her record. However, she was placed on an attendance management program in 2008.

J.D. went on sick leave on June 8, 2011 following a difficult meeting with her supervisor.