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ARTICLE · 09 OCTOBER 2024

Arbitrator Upholds Dismissal For Unauthorized Early Return To Work After Sick Leave During COVID-19

Filion Wakely Thorup Angeletti LLP
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In a recent arbitral decision, Birla Carbon Canada Ltd. v Teamsters Local Union No. 879, the Arbitrator upheld the dismissal of an employee who returned to the workplace prematurely...

CanadaEmployment and HR
Emily Elder
Emily Elder
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Bottom Line

In a recent arbitral decision, Birla Carbon Canada Ltd. v Teamsters Local Union No. 879, the Arbitrator upheld the dismissal of an employee who returned to the workplace prematurely from sick leave without proper authorization. The employer in this case was successfully represented by Filion Wakely Thorup Angeletti LLP lawyers, Mark Zega and Alyssa Johnson.

Background Facts

The events in this case unfolded between March 12, 2020 and March 20, 2020—a period that many will remember as exceptionally challenging both at home and in the workplace. On March 17, 2020, the Province of Ontario declared a state of emergency due to the escalating COVID-19 pandemic. Arbitrator Johnston's decision was rendered with these extraordinary circumstances in mind.

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