The complainant, who was absent from work for a year and a half due to a workplace injury, lost six months of seniority pursuant to a provision in the collective agreement that reduced seniority for absences exceeding one year.
She subsequently lost a job competition because of this reduced seniority.
The Board of Inquiry found that while the provision was neutral on its face, it had a discriminatory impact on the complainant because of her handicap.
The Board held that both the employer and the union breached the Human Rights Code by failing to accommodate her to the point of undue hardship.
