The Fair Haven United Church Home and International Union of Operating Engineers, Local 882 (Corsi) (Sullivan)

The Support Services collective agreement in health care provides that an employer may recover sick bank payments made to an employee  if the employee  recovers monies  in court from a personal injury claim.  The grievor had collected sick pay and, signed a  recovery agreement. She subsequently obtained damages in a personal injury action. The employer  wished to recover 100%  of the monies they paid out. The arbitrator agreed that the employer had to permit the grievor to deduct her legal fees and disbursements from the monies to be repaid to the employer.

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