Daniel Anisfeld

The Union filed a grievance alleging the Employer failed to investigate and take corrective action regarding two incidents of workplace harassment by a co-worker, seeking damages for the grievor's pain and suffering.

The Employer brought a preliminary motion arguing the Board lacked jurisdiction to award such damages because they are compensable under the Workplace Safety and Insurance Act (WSIA).

The Arbitrator allowed the Employer's motion, finding that damages for mental distress and pain and suffering arising from workplace harassment are compensable under the WSIA, and therefore s. 26(2) of the WSIA bars the Board from awarding them.

The Employer requested additional particulars regarding the grievor's allegations of workplace harassment prior to the scheduled hearing on the merits.

The arbitrator granted the request, directing the Union to provide specific details concerning allegations of a false accusation of drug use, discriminatory administration of sick days, unfavourable shift scheduling, and damage to the grievor's reputation, to ensure the Employer knows the case it has to meet.

The Union grieved that the Employer breached Minutes of Settlement by failing to pay the grievor for 15 vacation days.

The Employer had paid the grievor for 5.8 days, arguing that this was the actual amount in her vacation bank and that the agreement only required paying out her accrued vacation up to 15 days.

The Arbitrator found that the clear and unequivocal language of the Minutes of Settlement evidenced an intention to pay the grievor a lump sum equivalent to 15 vacation days, regardless of her actual accrual.

The grievance was allowed and the Employer was ordered to pay the remaining 10.2 days.

The Union filed grievances alleging discrimination and harassment by the Employer, seeking compensation for lost time and medical expenses due to chronic mental stress.

The Employer raised a preliminary objection, arguing the arbitrator lacked jurisdiction to grant these remedies because the claims fall under the Workplace Safety and Insurance Act (WSIA).

The arbitrator applied the Monk decision, finding that the alleged chronic mental stress arising from harassment would be a compensable disability under the WSIA, and therefore the claims for compensation for lost time and medical expenses must be struck.