K. Burke

The Union brought a motion for interim relief regarding the Employer's decision not to renew a temporary transfer agreement for a classified court reporter.

The grievor had been temporarily transferred to the Milton courthouse due to a phobia of highway driving that made commuting to the new Dufferin/Finch location difficult.

The Employer decided not to renew the agreement due to operational concerns regarding the grievor's inability to type transcripts after hours and ongoing conflict and harassment allegations between the grievor and her manager.

The Board found it had jurisdiction and that there was an arguable case on the merits, but denied the motion because the balance of harm favoured the Employer, given the operational concerns and the potential for continuing conflict.

The employer raised a preliminary objection regarding the timeliness of a group grievance filed by court reporters concerning a change in work policy that required them to perform authorized duties on overtime hours without overtime pay.

The employer argued the change occurred years ago and the grievance was untimely.

The union argued it was a continuing grievance.

The arbitrator found that the grievance alleged an ongoing failure to comply with the overtime requirements of the collective agreement, constituting a continuing grievance.

The preliminary objection based on timeliness was dismissed.

The grievor, who was receiving Long Term Income Protection (LTIP) benefits due to a disability, alleged discrimination under the Human Rights Code because a retroactive salary increase applied to his former position was not reflected in his LTIP benefits or pension contributions.

The Grievance Settlement Board dismissed the grievance, applying the Court of Appeal's reasoning in Orillia Soldiers Memorial Hospital.

The Board held that the differential treatment was based on the grievor's absence from work, not his disability, and that the Code does not require employers to provide special compensation measures for employees unable to work.