Leave entitlement mandates reinstatement

The grievor had given the company sifficient notice that he needed time off for a medical appointment, but the supervisor had denied the request. The arbitrator found that the request was emergency leave under the Employment Standards Act. The grievor was reinstated.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 02/21/2012

When his request for leave to attend a medical appointment was denied, a worker was fired for insubordination after he skipped work and attended the appointment anyway. The union grieved.

On Monday, May 16, 2011, factory worker A.P. approached his supervisor and requested two leaves to attend appointments. One was for the afternoon of that very day, the other was for the coming Thursday, May 19.

A.P. was granted the afternoon off but his request for the Thursday was denied.