2 total
Employer not required to pay employee for time taken to obtain reasonable medical clearance.
The union grieved that the employer contravened the collective agreement by failing to pay an employee for the three days it took him to obtain a medical certificate confirming his fitness to work.
The employee had disclosed a shoulder problem during a pre-employment assessment.
The Board held that the employer had reasonable grounds to require medical evidence of fitness and was not obligated to compensate the employee during the interim period.
The grievance was dismissed, save for four hours' pay agreed to by the parties for the time spent on the employer's premises.
Employer cannot unilaterally withhold final wages to set off a previous overpayment without court authorization.
The grievor voluntarily terminated his employment, at which time the employer withheld his final wages of $756.96 to set off a $7,060 overpayment of room and board allowance mistakenly paid to him.
The union grieved the withholding of wages.
The Ontario Labour Relations Board held that section 8 of the Employment Standards Act strictly prohibits an employer from unilaterally setting off or deducting amounts from an employee's wages to satisfy a claim, requiring the employer to seek its remedy in court.
The Board directed the employer to pay the withheld wages plus interest.
