The hospital agreed to disregard absences from the November 2021 to November 2022 lookback used to restart its attendance program, exclude qualifying infectious disease leaves under the Employment Standards Act, and assess whether COVID illness constituted a disability individually. An Ontario arbitration board treated those commitments as resolving the union grievance and retained jurisdiction to settle implementation disputes, without ruling that all COVID absences establish disability.
Case card
Kingston Health Science v CUPE, Local 1974, 2026 CanLII 101867 (ON LA)
Source reviewed · Court holding
Held. The hospital agreed to disregard absences from the November 2021 to November 2022 lookback used to restart its attendance program, exclude qualifying infectious disease leaves under the Employment Standards Act, and assess whether COVID illness…
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