The complainant, an ambulance attendant, was absent from work for significant periods due to compensable workplace injuries.
Under the collective agreement, his vacation entitlement was pro-rated and reduced because of his absences.
He filed a human rights complaint alleging discrimination on the basis of handicap.
The Board of Inquiry found that the pro-rating provision, while neutral on its face, had a disparate and adverse impact on the complainant because of his compensable injuries, constituting constructive discrimination under the Human Rights Code.
The employer was ordered to cease applying the provision to employees on workers' compensation leave.
The union was not held liable as it had actively sought to remove the provision from the collective agreement.
