Deemed resignation provisions discriminatory

The grievor was on medical leave and did not either show up for work or provide medical notes for his absence. He was terminated. The arbitrator reinstated him, finding that the provision was discriminatory against the grievor, who suffered from a mental illness.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 11/30/2012

A worker was fired under the “deemed quit” provisions of his collective agreement after he failed to show up at work for two weeks.

C.M. worked at a plant that manufactured aircraft parts. He had about 15 years’ service with the employer when he was fired on Sept. 8, 2011.

Prior to the summer of 2011, C.M. was often late for work and frequently absent. He had been counselled and disciplined for attendance issues. C.M. was warned about the importance of attending work on time and of the need to notify the employer if he was going to be absent.