ELECTIVE SURGERY DOES NOT ENTITLE EMPLOYEE TO EMPLOYMENT INSURANCE

Release date: February 28, 2007

ELECTIVE SURGERY DOES NOT ENTITLE EMPLOYEE TO EMPLOYMENT INSURANCE

An employee claims employment insurance benefits following breast augmentation surgery performed for cosmetic purposes. Firstly, the arbitrator shares the employer’s opinion that the employee’s condition and the surgery performed do not fall under the definition of disability provided in the collective agreement, as it is not the result of an illness. Secondly, the arbitrator also concludes that the employee’s health after the surgery does not constitute a state of disability. According to the arbitrator, the collective agreement does not cover elective surgery and resulting incapacity. As the parties made specific provision for employment insurance benefits for surgery related to family planning, had it been their intention to include other types of elective surgery, they would have so indicated. The grievance was therefore dismissed. Commission scolaire Marie-Victorin and Syndicat des employées et employés professionnels et de bureau, Local 578 (FTQ) (Annie Bergeron) , DTE 2007T-9 (T.A.) Mtre. Harvey Frumkin

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