Regina Wong

The employer brought a motion to strike portions of the grievor's declaration on the basis of res judicata and issue estoppel, arguing the impugned paragraphs related to matters already decided in a prior 2013 grievance.

The union argued the paragraphs provided necessary historical context for the current human rights and accommodation grievances.

The arbitrator partially granted the motion, striking paragraphs that sought to re-litigate the prior grievance while permitting others to remain solely for narrative purposes and historical context, without being admitted for the truth of their contents.

The grievor failed to attend her scheduled grievance arbitration hearing on July 27, 2018.

The arbitrator issued a direction requiring her to provide a written explanation for her non-attendance by August 15, 2018, failing which the grievance could be dismissed.

The grievor did not respond to the direction.

Consequently, the arbitrator dismissed the grievance.

The claimant appealed the denial of her continuing Long Term Income Protection (LTIP) benefits.

The insurer terminated benefits at the change of definition date, asserting she could perform sedentary work despite her chronic back pain and degenerative disc disease.

The arbitrator upheld the appeal, finding that the medical evidence, including an Independent Medical Examination noting a 20-minute sitting and standing tolerance, did not establish an ability to perform sedentary work.

The arbitrator concluded that a functional abilities evaluation should have been conducted and remitted the matter of ongoing compensation to the parties.

The grievor failed to attend her scheduled grievance arbitration hearing regarding pension credits and pay issues.

The employer requested that the grievance be dismissed.

The arbitrator declined to dismiss the grievance immediately, instead issuing a direction requiring the grievor to provide a written explanation for her non-attendance and failure to provide notice, warning that failure to do so could result in dismissal.

The parties appeared before the Grievance Settlement Board for a scheduled hearing, but the employer's counsel was unable to attend due to illness.

To prevent further delays, the arbitrator issued a preliminary decision directing the employer to advise of any preliminary motions and to produce all arguably relevant documents by specified dates.

The union was also directed to follow up on a request for clinical notes from one of the grievor's medical service providers.

The matter was adjourned to the next scheduled hearing date.

During a teleconference, the arbitrator determined that undertakings relating to the provision of particulars could not be completed by the next scheduled hearing date.

Over the Union's objection, the arbitrator adjourned the hearing date to ensure the particulars could be provided in a timely fashion.

The Union grieved that the Employer breached Minutes of Settlement by failing to pay the grievor for 15 vacation days.

The Employer had paid the grievor for 5.8 days, arguing that this was the actual amount in her vacation bank and that the agreement only required paying out her accrued vacation up to 15 days.

The Arbitrator found that the clear and unequivocal language of the Minutes of Settlement evidenced an intention to pay the grievor a lump sum equivalent to 15 vacation days, regardless of her actual accrual.

The grievance was allowed and the Employer was ordered to pay the remaining 10.2 days.