Kelly Waddingham

The Union sought production of an Investigation Report and related materials.

On consent of the parties, the Arbitrator ordered the Employer to produce the documents subject to strict confidentiality conditions, including restrictions on copying, distribution, and a requirement to destroy the documents at the conclusion of the proceedings.

The Employer brought a preliminary motion to dismiss a grievance alleging a violation of the collective agreement for failing to convert the grievor from a fixed-term to a permanent employee.

The collective agreement required 18 consecutive months of performing the same work for conversion.

The arbitrator found that the grievor had only worked 16 eligible months, as one of her fixed-term contracts was to backfill a regular employee on an authorized leave of absence, which is excluded from the calculation.

The motion was granted and the grievance dismissed.

The Union filed a grievance alleging the Employer breached the collective agreement by denying the grievor Short Term Sickness Plan (STSP) benefits while she was on an accommodated work schedule.

The Employer brought a preliminary motion to dismiss the grievance as untimely, arguing the grievance was filed nine months after the initial denial.

The Arbitrator dismissed the preliminary motion, finding that the ongoing denial of STSP benefits constituted a continuing grievance because the Employer had a recurring duty under the collective agreement to provide such benefits.

The grievance was therefore timely and directed to proceed on its merits.