November 9, 2001

Payment of Wages during denied IOD periods

The local was embroiled in a dispute with the employer relative to the payment and/or recovery of wages to those members whose injury on duty claim was denied by the Workplace Safety & Insurance Board (WSIB)

The employer took the position that if the WSIB denied your claim for lost time due to injury and the employee did not give the employer a written letter advising them of their intent to appeal the WSIB decision, the employer could recover the monies paid, regardless of the fact that the employee had sick leave credits available to him/her. Article 20.11 (e) of the collective agreement provides a mechanism for the employer to recover sick leave borrowed by the employee when their claim was denied.

The Union took the position that as long as the employee had available sick leave credits, they were under no obligation to provide a letter of intent to appeal the WSIB decision and the employer could make no recoveries of wages paid during this denied period.

The employer, through the arbitration procedure, has rescinded their position and will no longer attempt to recover any monies paid to a worker, provided they have available sick leave credits to cover the absence.

It is also important to note that in cases where you don't have available sick leave and you have to borrow sick leave to cover your absence, and the WSIB subsequently denies your claim, you must provide the employer with a written letter of intent to appeal that decision to stop them from making any recovery. It is also important to note that any recoveries for the first 20 days of borrowed sick leave can only be made from future sick credits earned and not in cash. However, anything over and above the first 20 days borrowed can be recovered in cash. You must notify the employer, pursuant to article 35.06, if you want the recovery limited to 10% per paycheque.

If you're on a denied WSIB pay, and the employer starts playing with your paycheques, please contact the local office.

In Solidarity

Mary Donnelly
Grievance Officer
Scarborough Local