Arbitration Board decision not founded on medical evidence

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Arbitration Board decision not founded on medical evidence

Applicant appealed from decision rendered by Arbitration Board affirming that employee’s conduct was involuntary. Applicant affirmed that absences were not justified on medical grounds and that employee was warned several times of possible consequences of persistent absenteeism. Arbitration Board concluded that absences were justified on grounds of major depression. Appeal allowed. Court affirmed that despite depression, doctor ordered return to work four days after diagnosis. Arbitration Board decision was not founded on medical evidence and should be reversed.

Canada (Procureur general) v. Bergeron (Oct. 17, 2011, F.C.A., Blais C.J., Pelletier and Mainville JJ.A., File No. A-440-10) Reasons in French. 208 A.C.W.S (3d) 725 (10 pp.).

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