The grievor, a part-time cleaner, was denied a promotion to a general cleaner position despite having the most seniority among relatively equal candidates.
The employer based its decision on the grievor's attendance record, which included significant absences due to compensable work injuries (WCB).
The union grieved, arguing this constituted discrimination based on handicap under the collective agreement and the Human Rights Code.
The Grievance Settlement Board allowed the grievance, finding that considering WCB absences in evaluating qualifications constituted direct and constructive discrimination because of handicap.
The Board directed that the grievor be appointed to the position with compensation for lost wages.
