A janitor with over 20 years of employment was injured at work. His collective agreement required medically-related absences to be verified by receipt of WSIB (Workplace Safety and Insurance Board) benefits if the injury took place at work, or STD (Short Term Disability) benefits if it was not a workplace injury. Our client was denied WSIB benefits on the basis that his injury was not work-related. He then applied for STD benefits, but was refused benefits on the basis that the injury was work-related.
Although our client provided his employer with medical documentation confirming that he could not work due to his injury, he was fired for unauthorized absences because he could not confirm receipt of either WSIB or STD benefits. He appealed the WSIB decision.
The HRLSC negotiated a settlement that included:
- financial compensation for the discrimination;
- financial compensation for lost wages; and
- access to his full pension when he turns 65 in two years.