The grievor, a full-time employee working part-time hours under an accommodated work plan due to a disability, was denied paid sick leave because she did not work twenty consecutive days as required by the collective agreement.
The union grieved, arguing she met the requirement or, alternatively, that denying her sick leave violated the Ontario Human Rights Code.
The Grievance Settlement Board found that while the grievor did not meet the strict collective agreement requirement for full-time employees, applying that requirement to her constituted discrimination based on handicap.
The Board held that for the purposes of sick leave, the grievor must be compared to regular part-time employees and earn sick leave in proportion to the hours she worked.
