Employer not required to pay employee for time taken to obtain reasonable medical clearance.
The union grieved that the employer contravened the collective agreement by failing to pay an employee for the three days it took him to obtain a medical certificate confirming his fitness to work.
The employee had disclosed a shoulder problem during a pre-employment assessment.
The Board held that the employer had reasonable grounds to require medical evidence of fitness and was not obligated to compensate the employee during the interim period.
The grievance was dismissed, save for four hours' pay agreed to by the parties for the time spent on the employer's premises.
The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, on behalf of itself and its Local Union 463 v. The Electrical Power Systems Construction Association (EPSCA) and Ontario Hydro, 1988 CanLII 3767