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Revera Long Term Care Inc. v. Service Employees International Union, Local 1 Canada, 2016 CanLII 78549 (ON LA)

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Revera Long Term Care Inc. operating as Fenelon Court Long Term Care

The Arbitrator dismissed the grievance determining that the Grievor could not be accommodated within the staffing compliment in her Personal Support Worker position. It was determined that the Employer was not obligated to create a position or incur the cost of providing unproductive work that is of little or no economic value. The fact that the Grievor had been accommodated above compliment while there were costs associated with a WSIB claim, and then put on an unpaid leave once there were no longer those same cost considerations, was not a violation of the Employer’s obligations under the Human Rights Code. 


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