The grievor was terminated for excessive absenteeism. At termination, he was being assessed for what turned out to be a mental illness. The arbitrator ruled that the company had failed to take his medical condition into consideration and the grievor was reinstated.
A chronically absent worker was fired after the employer’s attempts to manage his absenteeism and accommodate his medical issues failed. The union grieved, arguing the employer failed to properly consider evidence of a previously undiagnosed underlying condition before firing the worker.
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