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ARTICLE · 28 MARCH 2017

Employer Benefits Obligations: Read Documents Carefully

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A recent Ontario labour arbitration decision confirms the importance of having employment and benefits documents drafted with care.

CanadaEmployment and HR
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A recent Ontario labour arbitration decision confirms the importance of having employment and benefits documents drafted with care.

In Ontario Nurses' Association v Victorian Order of Nurses for Canada - Ontario Branch, 2017 CanLII 5514 (ON LA), the arbitrator found that a claim against the employer for denial of long-term disability (LTD) benefits was inarbitrable.

Background

Deborah Hatt was engaged by the VON to perform home care at patients' homes. Unfortunately, she has a serious medical condition which resulted in her being unable to work.

The obligations of the employer relating to LTD benefits as they relate to Hatt are set out in a collective agreement negotiated with the ONA. The key provision in the collective agreement provides as follows:

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