Previously printed in the LexisNexis Labour Notes
Newsletter.
In the recent arbitration decision of Vancouver Coastal
Health Authority v. Hospital Employees' Union
(Termination for Non-Culpable or Innocent Absenteeism), [2016]
B.C.C.A.A.A. No. 112, Arbitrator John Sanderson, Q.C. upheld a
grievor's dismissal for non-culpable or innocent absenteeism
because he failed to show he could attend work regularly in the
foreseeable future and the accommodation process was exhausted.
Background
The grievor continually missed work for a number of medical and
non-medical reasons. This had a serious impact on the
employer's operations. His absenteeism rate averaged at
45 percent, which was around seven to nine times higher than that
of his co-workers. The employer tried to accommodate the
grievor on various occasions but its attempts were unsuccessful.
In a final accommodation effort, the employer offered to
transfer the grievor to short call casual status, which would
