Deemed termination inappropriate

The grievor was being treated for depression. Despite the diagnosis, the employer ended her disability leave and required her to return to work. When she did not, it claimed she had abandoned her job. The arbitrator found that the deemed termination provisions of the contract had been used unreasonably and she was reinstated.

A worker was fired under the deemed termination provisions of her collective agreement after she failed to heed the employer’s order to return from a medical leave.

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