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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Published In: Health Updates, Labor & Employment Updates, Worker’s Compensation Updates

Reference Info:n/a | Canada

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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