Labour Arbitration Award: North York General Hospital v. ONA

Strategic Insights -

The Ontario government has recently issued a decision regarding a labour arbitration between North York General Hospital and the Ontario Nurses' Association (ONA) regarding a grievance filed by a nurse who was denied quarantine/isolation pay. The labour arbitration award, issued by William Kaplan, Sole Arbitrator, on October 10, 2024, ruled in favour of the Hospital, dismissing the grievance. The decision hinges on the interpretation of a new collective agreement provision, Article 6.05(f), which awards quarantine/isolation pay to nurses required to quarantine/isolate due to a communicable disease.

Key Takeaways:

  • The labour arbitration award, issued by William Kaplan, Sole Arbitrator, on October 10, 2024, dismissed the grievance filed by a nurse who was denied quarantine/isolation pay.
  • The decision was based on the interpretation of Article 6.05(f), a new collective agreement provision that awards quarantine/isolation pay to nurses required to quarantine/isolate due to a communicable disease.
  • To establish entitlement to quarantine/isolation pay, an employee must be absent from work due to a communicable disease and required to quarantine/isolate by the employer's policy, or by operation of law, or by direction of public health officials.
  • In this case, the grievor was not required by the Hospital's policy to quarantine/isolate, but was instead instructed to stay at home until her symptoms abated.
  • The Arbitrator ruled that instructing a sick person to stay at home until they get better is not tantamount to requiring them to quarantine/isolate.
  • The provision establishes entitlement to quarantine/isolation pay in any one of the three different circumstances: (i) employer's policy, (ii) operation of law, or (iii) direction of public health officials.
  • The decision notes that the Hospital's instruction to isolate was not a requirement to quarantine/isolate, as opposed to employees at the Seniors Health Center, who were required to self-isolate.
  • The Arbitrator concluded that the grievance was dismissed due to the lack of evidence that the Hospital was attempting to circumvent its new collective agreement obligations.

Statistics:

  • The labour arbitration award was issued on October 10, 2024.
  • The grievance was filed on August 25, 2023.
  • The labour arbitration hearing was held via Zoom on October 3, 2024.
  • The grievor was a regular part-time nurse who was absent from work due to COVID-19.
  • The grievor was instructed to stay at home until her symptoms abated, but was not required to quarantine/isolate.
  • The collective agreement provision, Article 6.05(f), was introduced on July 20, 2023.

Sources:

  • IN THE MATTER OF AN ARBITRATION Between: North York General Hospital and ONA (Grievance of AS #2023-65) Before: William Kaplan Sole Arbitrator (2024-10-10)