Document Type

Arbitration Decision

Publication Date

11-11-2001

Keywords

Leave, Injury, Ill, Salary, Workplace Conditions, Asthma, Aggravation, Ozone

Abstract

The Employer failed to place the Grievor on "leave for injury on duty" with full salary after she became ill, allegedly as a result of workplace conditions which aggravated her asthma. The Union requests the Grievor be paid her full salary and benefits for the sick leave period and that all sick leave, used by her for this purpose, be restored. The issues are whether the Grievor's asthma and/or its aggravation was an "injury in the performance of her duties" and , if so, whether that injury prevented the Grievor from working. The Employer agrees the Grievor was ill, but disputes that the illness was caused by exposure to ozone at work. Further more, if she was exposed, it was not enough to entitle her to "injury on duty leave" under the collective agreement and the re-occurrence of the Grievor's asthma during the second leave of absence did not disable her from working. The Grievor filed the grievance when her application for "injury on duty leave" was denied for the second occurrence of her illness. Before dealing with the case, the Arbitrator considered several process issues raised by the Employer.

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