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York University successful in having termination for benefits fraud upheld

Fasken
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Overview

Client

York University

In a grievance arbitration held on October 4, 2022, the International Union of Operating Engineers (IUOE), Local 772 (the “Union”) grieved that York University’s (the “University”) decision to terminate the grievor’s employment for benefits fraud was inappropriate. In short, the Union claimed that because the grievor used the fraudulently obtained money to buy drugs to which he was addicted, the grievor had a disability that needed to be accommodated.

Fasken represented York University with a team led by Karen Sargeant which included Jacob Wagner, successfully arguing that the termination was appropriate and that the University did not violate its obligation to accommodate.

Jurisdiction

  • Ontario

Team

  • Karen M. Sargeant, Partner | Managing Partner, Ontario, Toronto, ON, +1 416 868 3475, ksargeant@fasken.com
  • Jacob Wagner, Associate, Toronto, ON, +1 416 865 5410, jwagner@fasken.com