The employer applied for judicial review of a Grievance Settlement Board decision regarding its sick leave administration practices.
The employer had retained a third-party administrator and required employees to communicate with it, complete comprehensive medical forms for absences over five days, and use a specific form for return-to-work accommodations.
The Arbitrator found these practices violated the collective agreement, which specified communication with supervisors and limited the scope of medical information required.
The Divisional Court dismissed the application, finding the Arbitrator's interpretation of the collective agreement to be reasonable and consistent with arbitral jurisprudence protecting employee privacy.
