Ontario Public Service Employees Union (OPSEU), Local 2100 filed a grievance alleging that the Peel District School Board violated the collective agreement and Ontario Human Rights Code by failing to provide the grievor with sick pay.
The employer's decision to not pay sick pay followed a determination from the Workplace Safety and Insurance Board (WSIB) that the grievor was not entitled to Loss of Earnings for the period in question because the Employer had offered the grievor suitable accommodated work. The Employer was successful in its preliminary motion with the Arbitrator dismissing the grievance based on the exclusive jurisdiction of the WSIB to determine the issue and that the grievance was a collateral attack on a decision of another administrative tribunal.
Fasken represented the Peel District School Board with a team comprised of Erin Porter and Andrew Gould.
Jurisdiction
- Ontario
