Employer failed to consider new medical info

The grievor was terminated for excessive absenteeism. At termination, he was being assessed for what turned out to be a mental illness. The arbitrator ruled that the company had failed to take his medical condition into consideration and the grievor was reinstated.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 07/27/2012

A chronically absent worker was fired after the employer’s attempts to manage his absenteeism and accommodate his medical issues failed. The union grieved, arguing the employer failed to properly consider evidence of a previously undiagnosed underlying condition before firing the worker.

M.P. worked for a municipality as a parking control officer. He had 19 years’ service when he was terminated on Nov. 12, 2008.

M.P.’s excessive absences from work caused him to be flagged by the employer’s Attendance Management Program a number of times.