The grievor, who was receiving Long Term Income Protection (LTIP) benefits due to a disability, alleged discrimination under the Human Rights Code because a retroactive salary increase applied to his former position was not reflected in his LTIP benefits or pension contributions.
The Grievance Settlement Board dismissed the grievance, applying the Court of Appeal's reasoning in Orillia Soldiers Memorial Hospital.
The Board held that the differential treatment was based on the grievor's absence from work, not his disability, and that the Code does not require employers to provide special compensation measures for employees unable to work.
