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OK to Fire Employee for Absences Caused by Illness

The Labour Board found just cause to fire a paramedic for absenteeism from multiple sclerosis since she would never return to work. But because the employer didn’t hold a formal termination meeting, the Board said the termination was null and void; and even though the termination was null and void, the employer still had to pay damages for wrongful termination. Time out, said the Court of Appeal. Although arbitrators are entitled to deference, this decision was completely contradictory and unreasonable. So it “quashed” the ruling and tossed out the grievance [Alberta Health Services (Calgary Area) v. Health Sciences Assn. of Alberta (Paramedical Prof/Technical Union), [2011] A.J. No. 1179, Nov. 9, 2011].

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