Beers v. Treasury Board (Department of National Defence)

166-2-27071 (2000 PSSRB 2)

  • Before: D. MacLean
  • Appearances: M. Tynes, for the Grievor; H. Newman, for the Employer
  • Decision Rendered: 2000-01-07

Subject terms:

Pay – Disability – Medical Assessment – Time limit – Waiver – grievor was employed as a storesperson which required heavy lifting as an integral part of the job – in October 1990, the grievor suffered an injury while off duty which prevented him from working – ultimately, he was on long term disability until January 4, 1993 – at that time, his doctor advised that he could return to work but only on light duty – employer requested grievor to obtain clarification from his doctor as to what type of work would be acceptable – grievor took the position that it was the employer's responsibility to obtain the information which it required from his doctor – because grievor did not provide it with the necessary medical information, the employer referred him to Health and Welfare for a medical assessment, which was completed on February 21, 1994 – grievor returned to work on March 21, 1994 – grievor sought compensation for lost salary covering the period from January 1993 until his return to work in March 1994 – employer objected to the timeliness of the grievance for the first time after it had been referred to adjudication – adjudicator dismissed the employer's procedural objection on the ground that it had waived its right to rely on it by failing to raise it during the grievance procedure – adjudicator found that onus was on grievor to provide employer with the medical information which it required – the employer only received this information on February 21, 1994, and grievor was allowed to return to work on March 21, 1994 – adjudicator determined that one month was an excessive period of time for the employer to find suitable employment for the grievor – one week should have been enough – employer directed to compensate the grievor for three weeks' lost salary.

Grievance allowed in part.

Cases cited: Ouellette (166-2-21255); Kettle (166-2-21941); Sauvé (166-2-26974); Halfaoui (166-2-22201).