Cancellation of a hearing: you can set limits on the quantum
Release date: April 4, 2017
In a context of arbitration of a grievance challenging a dismissal, the employer requested an order that would limit the amounts payable to the employee in the event that her claim was upheld. The employer’s request came after two days of hearing, when five additional days had been set. However these days had been cancelled due to the employee’s disability. Faced with an imprecise medical certificate and an unanswered request for details, the employer asked that the period between the cancellation of the hearing and the resumption thereof be excluded from the calculation of the amounts due to the employee. The arbitrator noted that the medical certificate was imprecise, but refused to have the delays inherent in determining new hearing dates charged to the employee. He partially granted the employer’s request and issued an order excluding from the calculation of the amounts due to the employee the period between the cancellation of the hearing and the date of a detailed medical certificate indicating that the employee was able to pursue the hearing.
Syndicat des travailleuses et travailleurs de la santé de Gatineau – CSN v. CISSS de l’Outaouais, DTE 2016T-824, 2016 QCTA 709, Denis Nadeau Esq.
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