Kim S. Bernhardt

The union filed a grievance alleging the grievor was improperly denied vacation credits while on Long Term Income Protection (LTIP).

The employer raised a preliminary objection that the grievance was untimely, having been filed over two years after the grievor ought to have known she was not accumulating vacation credits.

The union argued the employer waived its right to object by participating in the grievance process and taking fresh steps.

The arbitrator found the grievance was untimely and declined to extend the time limits under the Labour Relations Act.

The arbitrator also held that the employer did not waive its right to object, as it had reserved its rights while seeking necessary particulars to understand the vague grievance.

The grievance was dismissed.

The grievor, a Customer Care Representative, was terminated for refusing to comply with the employer's Safe Workplace Directive, which required unvaccinated employees to undergo rapid antigen testing.

The grievor consistently refused to test, claiming it was discriminatory and a violation of her Charter rights.

She also engaged in insubordinate behaviour, including threatening her manager with personal liability and criminal charges.

The arbitrator found that the testing requirement was reasonable and that the grievor's refusal to comply, coupled with her unacceptable behaviour and lack of remorse, justified the termination.

The grievances challenging her unpaid leave, suspension, and termination were dismissed.

The Union filed multiple grievances alleging that the Employer violated the collective agreement by failing to compensate employees for lost overtime and holiday pay opportunities while they were required to self-isolate due to COVID-19.

The Union also claimed entitlement to pandemic-related monetary payments, including Short-Term Sickness Plan top-ups and Coronavirus Leave Paid.

The Grievance Settlement Board dismissed the grievances, finding no clear language in the collective agreement requiring payment for overtime or holiday premiums when employees could not attend work.

The Board also held it lacked jurisdiction to review the Employer's administration of the Coronavirus Leave Paid program, as it was established outside the collective agreement.