FPSLREB Decisions

Pay - Disability - Medical Assessment - Time limit - Waiver - grievor was employed as a storesperson which required heavy lifting as an integral part of the job - in October 1990, the grievor suffered an injury while off duty which prevented him from working - ultimately, he was on long term disability until January 4, 1993 - at that time, his doctor advised that he could return to work but only on light duty - employer requested grievor to obtain clarification from his doctor as to what type of work would be acceptable - grievor took the position that it was the employer's responsibility to obtain the information which it required from his doctor - because grievor did not provide it with the necessary medical information, the employer referred him to Health and Welfare for a medical assessment, which was completed on February 21, 1994 - grievor returned to work on March 21, 1994 - grievor sought compensation for lost salary covering the period from January 1993 until his return to work in March 1994 - employer objected to the timeliness of the grievance for the first time after it had been referred to adjudication - adjudicator dismissed the employer's procedural objection on the ground that it had waived its right to rely on it by failing to raise it during the grievance procedure - adjudicator found that onus was on grievor to provide employer with the medical information which it required - the employer only received this information on February 21, 1994, and grievor was allowed to return to work on March 21, 1994 - adjudicator determined that one month was an excessive period of time for the employer to find suitable employment for the grievor - one week should have been enough - employer directed to compensate the grievor for three weeks' lost salary. Grievance allowed in part. Cases cited: Ouellette (166-2-21255); Kettle (166-2-21941); Sauvé (166-2-26974); Halfaoui (166-2-22201).