Steve Patterson

The union grieved the employer's decision to deny sick leave pay to employees who were absent during a period of alleged illegal strike activity.

The employer had initially proposed disciplinary action but withdrew it, leaving only the issue of sick leave entitlement.

Following a hearing regarding six affected employees, the arbitrator found that only one employee was legitimately ill on the day in question and entitled to sick leave pay.

Reasons for the decision were deferred to a later date.

The Tribunal heard a preliminary objection by the Crown regarding its jurisdiction to enforce Review Officer Orders declaring the Crown as the employer for pay equity purposes.

The Crown argued that recent amendments to the Pay Equity Act, specifically section 1.1, invalidated the Orders.

The Union argued for a broad interpretation of the exceptions in section 1.1(4)(b) due to an agreement to hold applications in abeyance.

The Tribunal found the statutory language clear and unambiguous, concluding it lacked jurisdiction to enforce the Orders, subject to pending Charter arguments.

The matters were adjourned sine die.