Arbitrator declines to hear union grievance over short-term disability provider's medical forms, citing jurisdictional limits
September 15, 2025
In an arbitration proceeding pursuant to The Saskatchewan Employment Act, an arbitrator has dismissed a grievance from unionized mine workers over their short-term disability (“STD”) insurance plan provider’s medical forms.
According to the ruling, the workers’ union claims that the insurance company forms infringed upon members’ privacy and human rights and that the employer’s continued use of those forms amounted to a breach of the collective agreement.
However, the employer denied the grievance, arguing before an arbitrator that the issue fell outside the jurisdiction of the collective agreement.
The arbitrator sided with the employer, concluding that the STD plan stood apart from the collective agreement and was a separate contract with an independent third party to provide coverage, and the insurer contracted is not the employer’s agent.
“Mosaic’s role under the insured STD Plan is to contract for the required coverage, complete the Employer Statement and pay the premiums for the STD coverage. The Employer is not required or indeed permitted to be involved in the administration of the insurance contract between the insurer and the plan member employee,” she wrote. “The essential nature of the dispute does not involve the interpretation, application, administration or violation of the Collective Agreement. It involves a disagreement between the plan member employees and the insurer.”
In addition, the arbitrator concluded the proceeding by noting that the union members have other legal routes open to them outside of this arbitration proceeding.
“There is nothing stopping any plan member under the Canada Life STD Plan from challenging Canada Life if they believe there has been a breach of privacy or a human rights legislation,” she wrote.
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