Eva E. Marszewski

The grievor, a casual Customer Service Representative at the LCBO, developed tendonitis in her right wrist and later her left wrist.

The employer placed her on a modified work program but refused her repeated requests to change her availability to work more hours, capping her at 15 hours per week.

The Grievance Settlement Board found that the grievor met the definition of handicapped under the Human Rights Code.

The Board held that the employer discriminated against the grievor by refusing to accept her change of availability forms and failing to assign her additional hours.

The employer failed to meet its duty to accommodate short of undue hardship, as it did not proactively investigate alternative duties or 'bundle' tasks she could perform.

The Board ordered compensation for lost hours, a seniority adjustment, and $2,000 in general damages for mental stress.

During an arbitration hearing regarding a grievance over a surplus notice and denial of training, the employer sought to adduce evidence from a human resources consultant to contradict the grievor's testimony that he was advised not to grieve the cancellation of his training.

The union objected on the basis of the rule in Browne v. Dunn, arguing the grievor had not been cross-examined on this point.

The Grievance Settlement Board upheld the objection, finding that the employer failed to put the grievor on notice of the intended challenge to his credibility on an essential matter.

The evidence was ruled inadmissible.

The Grievance Settlement Board issued a supplementary award regarding the implementation of a prior award dated August 6, 1999, which found the employer breached Article 46 of the Collective Agreement.

The Vice Chair clarified that the grievors are entitled to proceed immediately with the paramedic training and selection process.

If they successfully complete the certification process, they are to be remunerated as if they had participated in and successfully completed the January 1997 program.

The Vice Chair remained seized of any further implementation matters.