Improper layoff violates collective agreement

The grievor was on disability leave when he was laid off, along with the entire staff. However, everyone was rehired except him. The arbitrator found that the layoff was improper and reinstated the grievor.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 07/27/2012

A condominium superintendent was fired without cause four months after a disabling condition forced him to go on sick leave. When the union grieved, the employer rescinded the termination and notified the worker he was to be laid off.

H.M. was a resident superintendent at a condominium complex. He was hired in 2004.

In July 2011, H.M. provided the employer with a certificate of disability. The certificate, which had been completed by H.M.’s doctor, diagnosed H.M. with vascular disease. The condition made it significantly difficult for H.M. to walk. The note said H.M. was unfit for duty and it was not possible to fix a return-to-work date at that time. H.M. was to be reassessed in three months.