The employer brought a motion to limit the remedies available to the grievor, arguing that her claims for lost earnings during an unsuccessful return to work process were essentially claims for compensation for a workplace injury, which fall under the exclusive jurisdiction of the Workplace Safety and Insurance Act (WSIA). The union argued the claims were for breaches of the collective agreement, the Human Rights Code, and the Occupational Health and Safety Act, specifically regarding the duty to accommodate and provide a safe workplace. The arbitrator dismissed the employer's motion, finding that the claims invoked rights separate and severable from those under the WSIA and were therefore within the Board's jurisdiction to proceed.
GSB# 2020-1788; 2021-3325
UNION# 2020-0290-0021; 2022-0290-0002
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union (Thibideau)
The Crown in Right of Ontario (Ministry of Children, Community and Social Services)
Employer
BEFORE
Kathleen G. O'Neil
Arbitrator
FOR THE UNION
Jorge Hurtado Morrison Watts Hurtado Counsel
FOR