Re King's County District School Board and NSTU

Document Type

Arbitration Decision

Publication Date

7-29-1997

Keywords

Teacher, Injury, Leave, Illness, Environmental, Sick, Chemicals, Mold

Abstract

The Grievor has been employed by the Employer as a teacher for 26 years. His claim for injury on duty leave has been denied by the Employer. The Grievor claims that he has been unable to work because he suffers from environmental illness and / or mold allergy caused by his exposure in the workplace to chemicals used in refinishing the gym floor and / or mold in the air in the school. He should not have been required to use his regular sick leave entitlements. The Employer contends that the Grievor has not discharged the onus of proving on the balance of probabilities that his workplace was the cause of either his initial or continuing illness. The Employer asserts that neither the chemicals used in refinishing the gym floor nor mold in the air has been shown to cause any illness which prevented the Grievor from teaching. Furthermore, the Employer takes the position that an allergy is not an illness which can constitute an injury under the Collective Agreement. Finally, in the alternative, even if the first two conditions are proven otherwise, the Employer contends that the cause of the illness has not been proven to be true beyond the time when the Grievor's classroom was found to be free of undue mold.

Comments

Case summary available at the Sir James Dunn Library via Canadian Labour Arbitration Summaries. Summary available only on CanLii. Full text available online at WestlawEdge Canada and Lexis+ (subscription required).

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