Re Dartmouth (City) and PANS, Local 101

Document Type

Arbitration Decision

Publication Date



Sick Leave, Duty, Full Pay, Injury, Jurisdiction, Temporary


The union argued the grievor was improperly removed from active service and placed on sick leave following injuries which occurred while on duty. The union also claimed the grievor was entitled to full pay while on sick leave. He was required to take sick leave pending commencement of Long Term Disability benefits, but the agreement stated that time lost through injury on duty was not to be considered sick leave. The employer raised a preliminary objection that because the issue of being placed on sick leave was not raised at the grievance stage, the board lacked jurisdiction to deal with that matter. The employer maintained that terms in the agreement dealing with sick leave applied only to leave of a temporary nature, while the grievor was considered to be permanently disabled.


Summary available only on CanLii. Case summary available at the Sir James Dunn Library via Canadian Labour Arbitration Summaries. Full text available online at WestlawEdge Canada (subscription required). Arbitration Award affirmed in Dartmouth (City) v Dartmouth Police Assoc, 1992 CanLII 14866, 114 NSR (2d) 260 (NSSC (TD)).