Providence Health Care (St. Paul’s Hospital) v. Health Sciences Association of British Columbia (unreported)

Lindsay A. Waddell and Natasha L. Edgar successfully represented the Union in this grievance. The Employer had denied the grievor’s request for Special Leave, after she travelled to visit her imminently palliative father on a day that she was booked on Union Leave. In denying her request for Special Leave, the Employer failed to comply with the mandatory language of the Special Leave provision in the Collective Agreement. The Arbitrator agreed that the mandatory language of the Special Leave provision would require specific language prohibiting its application, that the Employer had failed to comply with the requirements of the Special Leave provisions of the Collective Agreement and granted the grievance.

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