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Queen's University

Hayes v Yukon College

In Hayes v Yukon College, CHRR Doc. 08-1142 Y.T. Bd.Adj.), Yukon College dismissed an employee who had gone on long-term disability shortly after being hired as a computer technician. During his 2 year absence, the College hired a non-permanent employee to replace the permanent one. After two years, the temporary employee was threatening to quit if he was not made permanent.  The permanent employee had just received a liver transplant, and was still in Post-Operative care,  when the College contacted him, asking whether or not he could return to work.  In and out of consciousness, the employee was unable to respond.   The College then dismissed the employee, by applying two established policies: a two-year review policy used by its disability insurer and a two-year Collective Agreement clause which required the employer to make temporary employees permanent when they had worked in a temporary position for two years.   A Board of Arbitration found that the College had failed to determine that he would not be able to return to work in the reasonably foreseeable future (in fact, according to the reports it had, the employee would have been able to return within 6-12 months) and it had arbitrarily applied time-sensitive policies without conducting an individual assessment.   The College was ordered to reinstate the employee and to institute a policy regarding the discriminatory effects of dismissing employees with disabilities.

Kingston, Ontario, Canada. K7L 3N6. 613.533.2000