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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3277
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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My union failed to present a current medical note to the

Customer Question

My union failed to present a current medical note to the arbitrator before his award. Thus the arbitrator ruling was based on the wrong information and subsequently denied me a return to work.
Initially I had a medical restrictions where I resignationed until I got fired. The restrictions have been lifted by the doctor for some time. The arbitrator said that the company cannot accomodate me anymore thus giving me $37,000 for my resignation.
My question is what should I do in this case but keep in mind that I prefer going back to work since the arbitrator wasn't aware of the lift of restrictions.
Submitted: 3 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 3 months ago.

That's a tough situation. Good question.

Your union has the sole right and obligation to represent you. If your union wants to appeal the decision that's relatively easy, although the union might well not want to. Then this would go to court for review.

If your union doesn't want to take this further and you think that it should then your option is to hire a labour lawyer and sue the union. That's how it works.

If you're ok with the arbitrator's decision and want to keep your job then it's likely best to let this sleeping dog lie. But it's up to you. Think about what you want to accomplish at the end of the day.

Does that make sense? I'll await your question or comment. If I've answered you then I'd appreciate a positive service rating please.

Expert:  Ulysses101 replied 2 months ago.

Have you given your situation with your union some thought? Would you like to discuss it further?

Customer: replied 2 months ago.
Thanks but I prefer to be refunded.
Expert:  Ulysses101 replied 2 months ago.

I'm sorry that you're not satisfied enough with the service to pay for it, but that's up to you. You can ask customer service for a refund if you haven't already, or I can ask for you if you ask me to.


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