Failure to investigate work refusal unreasonable but understandable

Employer should have investigated employee’s health concerns but it was preoccupied with many work refusals due to labour unrest

An Ontario correctional officer’s work refusal due to health concerns on a day when the employer was short-staffed and occupied with many refusals should have been investigated promptly, an arbitrator has ruled. However, the arbitrator also said employer’s failure to do so was understandable given the hectic conditions at the time.

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