Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Ruling on limits of absenteeism

Thursday, February 09, 2017 @ 7:00 PM | By James Kondopulos and Gosia Piasecka

In an award recently issued in a labour arbitration, a grievor’s dismissal from employment was upheld on the basis of his excessive non-culpable or innocent absenteeism.

In 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 confirmed that employment can be terminated where an employee is incapable of attending at work regularly and reliably in the foreseeable future and where the accommodation process has been exhausted.

The grievor’s absenteeism rate averaged at 45 per...