Metropolitan Transit Commission v Amalgamated Transit Union, Local 508
Sick Pay, Medical Certificate, Collective Agreement, Sick Leave, Absence, Notice
The grievance arose when the Employer posted a notice which stated that sick pay will be withheld from all employees who do not provide a medical certificate when one has been requested. The Union filed a grievance on the day the notice was posted alleging violation of the Collective Agreement. The Union does not deny the Employer's right to request a medical certificate but it denies the right of the Employer to withhold sick pay, claiming the Agreement does not specifically allow the Employer to do this. The Agreement specifically states the situation under which sick pay can be withheld, i.e. to those employees who report illness after their scheduled time to report to work. The Agreement also gives the Employer the recourse to fire employees who abuse sick leave. Had it been intended that sick pay was to be withheld, the Union claims that the Agreement would have clearly stated so. The Employer states that entitlement to sick leave arises under certain conditions and when these are not met, sick leave can legitimately be withheld.
Metropolitan Transit Commission v Amalgamated Transit Union, Local 508 (1986), 1986 CanLII 6005, 2 CLAS 43 (NSLA) (Arbitrators: Innis Christie, Donald McDougall, David Reynolds).