SEIU WEST, Locals 333 and 299 and Laura Marchessault and Extendicare (Canada) Ltd.

Arbitration Award

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Award concerning the interpretation of collective agreement clause providing up to one year of top-up to 100% of salary of Worker's Compensation benefits ought to be limited to one calendar year, or one year of total benefits. Grievance allowed. Because the language did not restrict the benefit to a calendar year;because the employer owes a deference to employees injured at work;because it is inherently unfair to make the test for a negotiated benefit so stringent as to deny the benefit to one but provide it to another; and because workplace injuries cannot be neatly compartmentalized when it comes to rehabilitation and healing of individuals, the clause was interpreted as providing the top-up benefit for a year of benefits, not just a calendar year.

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