Susan D. Kaufman

In a third implementation decision following a finding of workplace harassment and discrimination, the Grievance Settlement Board addressed outstanding compensation issues.

The employer was ordered to pay previously awarded statutory holiday and overtime pay within 30 days.

The Board found the union's claim for lost shift premiums was not barred by delay.

Crucially, the Board rejected the employer's argument that the grievor's ongoing disability should be handled exclusively through the WSIB or standard LTIP without top-up.

Finding that the employer's conduct and delay in remediating the workplace caused the grievor's inability to work, the Board ordered the employer to top up the grievor's LTIP benefits to her regular salary to make her whole.

In a second implementation decision following a grievance arbitration, the parties disputed the grievor's entitlement to statutory holiday pay.

The grievor had been off work for medical reasons since May 1999 due to the employer's conduct.

The employer placed her on an administrative schedule and paid her regular hours for statutory holidays.

The union argued she should be compensated as if she were working her normal rotating 12-hour shifts, which included premium pay for working holidays.

The Grievance Settlement Board held that the 'make whole' remedy entitled the grievor to compensation for the lost opportunity to work statutory holidays.

The Board estimated she would have worked five holidays per year and ordered the employer to pay $15,111.34 in lost holiday pay and interest.

The Grievance Settlement Board issued an interim ruling regarding the implementation of a previous decision on the merits.

The parties had not implemented several orders and directions from the prior decision.

The Board recorded the employer's undertakings to issue written apologies and provide statements by specified dates.

The Board also ordered the union and grievor to provide completed medical functional abilities forms and specialist opinions to the employer, subject to strict confidentiality.

The Grievance Settlement Board determined the appropriate remedy for a grievor who was unjustly dismissed in 1989.

The Board awarded the grievor his wages and Custodial Responsibility Allowance for the period from his dismissal until he began receiving long-term disability benefits.

The Board also ordered an adjustment to the grievor's pension entitlements to reflect the lost wages, compound interest at 13.5% on the amounts awarded, and a tax gross-up for any additional income taxes incurred due to receiving a lump sum payment.

The grievor's claim for a top-up of his long-term disability benefits was dismissed.

The grievor, who had been absent from work for medical reasons, exhausted her short-term sickness benefits and was awaiting a decision on her Long Term Income Protection (LTIP) application.

The Union brought a motion for interim relief, seeking an order directing the employer to continue paying short-term benefits and a ruling that the employer's request for a mandatory medical examination was inappropriate.

The Grievance Settlement Board found it had jurisdiction under s. 48(12)(i) of the Labour Relations Act to grant interim relief.

The Board ordered the grievor to provide a medical form from her physician; if the physician found her unable to work, the employer was ordered to pay her regular salary pending the final disposition, subject to reimbursement if she received LTIP or CPP benefits.

The Board also ordered the grievor to attend a mandatory medical examination if requested by the employer.