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Thanks I he a question. And I am having problems. Full time

Thanks I he a question JA...
Thanks I he a question
JA: Have you documented this or discussed it with HR?
Customer: Yes.and I am having problems
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time and I am unionized
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
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Answered in 7 minutes by:
11/20/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,189
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear that you are in a difficult situation.

But what are the basic facts and what is your specific question please?

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Customer reply replied 27 days ago
I have not told you issue yet.I went on vacation from June 28-July 17. And within that period I got sick and the doctor advised me not to travel .I notifies my manager who was fine with it and sent a letter from the doctor. Fast forward to September 12th when I travelled back home,I was advised by my company's occupation health nurse to apply for short term disability for the time I was away because I had used up all my sick time. I have been sick for a long time and so I have been using my sick time alot. My application was denied. The one handling the case told me that she could not approve my application based on the fact that I was diagnosed with insomnia which was not the diagnosis. I haven't worked since I came back and there seems to be no reason behind my not working.

Are you asking about the STD issue?

Or is this about wanting to go back to work and the employer not allowing that?

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Customer reply replied 27 days ago
My union rep says that due to the fact that my doctor put restictions on my nature of employment(I have to work days only or reduce my fte to part time) they cannot let me work. Or if they let me work it will be only my days rotatversict. This can only happen if I choose to appeal my STD verdict . Otherwise they will get me to work and ignore the doctor's recommendation
Customer reply replied 27 days ago
Something doesn't seem right here. The HR isnt willing to get me to work and my union rep doesn't seem to help me. I just feel like something is off in this situation and thought of asking you for advice

Here is the law. Your union owes you a duty of fair representation. If they don't represent you fairly then your option is to file a complaint of unfair representation against your union.

In terms of the employer, they owe you a duty of accommodation. This means that they are required to provide you with reasonable accommodations so long as doing so will not cause them to undergo undue hardship.

If they are able to provide you with work that meets your doctor's requirements but refuse to do so you can file a complaint with the Human Rights Commission/Tribunal against your employer.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 27 days ago
I don't need to appeal the STD decision?because my rep says only through appealing can i go back to work.and I have bills to pay so I want this behind me.
This is also the second time thst my doctor has recommended for accommodation to be applied to me.

I don't know what your collective agreement says about that issue. That will govern. Your rep should know the correct answer I would hope.

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Customer reply replied 27 days ago
Nope.he's just going with the flow. I really thank you for your advice and time.

I suggest asking for a copy of the agreement and privately and quietly have a lawyer read it.

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Is there anything more I can help you with at this point in time?

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,189
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