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Arbitrator to hear Ontario nursing union's grievance over allegedly discriminatory LTD coverage termination for members of 65


May 09, 2024

An arbitrator will hear a grievance over an employer’s termination of long-term disability (LTD) coverage for employees over 65 years of age, after ruling that the matter is arbitrable.

The University Health Network (UHN) argued that the Ontario Nurses’ Association’s (ONA) grievance was founded on an objection to provisions of the Human Rights Code, the Employment Standards Act, 2000, and related regulations, which permit differential treatment of employees aged 65 or older in the provision of workplace benefits. The UHN argued that as the ONA’s dispute was with the terms of the legislation, the matter was not within the jurisdiction of the arbitrator.

In his ruling, the arbitrator disagreed, finding that the collective agreement contemplated that the UHN would pay LTD premiums for eligible employees. This, the arbitrator found, meant that the issue should be framed as “whether the agreement to provide those benefits to some but not all employees is discriminatory”. This, the arbitrator found, was sufficient to render the matter arbitrable.

To read the arbitrator’s decision, click on more information below:

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