Ontario Public Service Employees Union and Heeley v. Ross Memorial Hospital et al., (1991) 50 O.A.C. 241 (DC)

• Judge: Steele, Montgomery and Archie Campbell, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: April 22, 1991
• Jurisdiction: Ontario
• Citations: (1991), 50 O.A.C. 241 (DC)

OPSEU v. Ross Hospital (1991), 50 O.A.C. 241 (DC)

MLB headnote and full text

Ontario Public Service Employees Union and Laurie Heeley (applicants) v. Ross Memorial Hospital, Richard H. McLaren, Isreal Freedman and R.W. Redford (respondents)

(No. 1073/90)

Indexed As: Ontario Public Service Employees Union and Heeley v. Ross Memorial Hospital et al.

Ontario Court of Justice

Divisional Court

Steele, Montgomery and Archie Campbell, JJ.

May 23, 1991.

Summary:

A public servant grieved that she had been denied sick leave benefits under her collec­tive agreement. An arbitration board dis­missed the grievance, ruling that the employer had properly paid her for maternity leave for the period in question. The union and the public servant applied for judicial review of the decision.

The Ontario Divisional Court, Archie Campbell, J., dissenting, dismissed the ap­plication.

Labour Law - Topic 9577

Public service labour relations - Collective agreement - Pay, severance pay and al­lowance expenses - Sick leave - A public servant was scheduled to take maternity leave on June 23, 1988, two weeks before her due date - Her baby was born prema­turely by Caesarean section on March 28, 1988 - She remained in hospital until April 4, 1988, with a pelvic infection and postpartum depression - The employer paid her sick leave pay for March 28-29, and maternity leave pay from March 30 to May 24 - An arbitration board, interpret­ing s. 35 of the Employment Standards Act, decided that the public servant was on maternity leave as of March 30 - The Ontario Divisional Court held that the board's decision was not patently unrea­sonable - See paragraphs 1 to 13.

Labour Law - Topic 9580.3

Public service labour relations - Collective agreement - Pay, severance pay and al­lowance expenses - Maternity leave - [See Labour Law - Topic 9577 ].

Words and Phrases

Pregnancy - The Ontario Divisional Court held that the word "pregnancy" in Part IX of the Employment Standards Act, R.S.O. 1980, c. 137, should not be restricted to that period of time prior to delivery - See paragraph 12.

Cases Noticed:

Ottawa (City) v. Ottawa Professional Fire Fighters' Association, Local 162, Inter­national Association of Fire Fighters and Kates (1987), 19 O.A.C. 197; 58 O.R.(2d) 685 (C.A.), refd to. [para. 10].

MacLeod, Re, [1973] 1 S.C.R. 517; 2 N.R. 443, refd to. [para. 10].

McLeod et al. v. Egan et al. - see Mac­Leod, Re.

Downing and Graydon, Re (1978), 21 O.R.(2d) 292 (C.A.), refd to. [para. 26].

Statutes Noticed:

Employment Standards Act, R.S.O. 1980, c. 137, sect. 35 [paras. 8, 11-12, 15-17, 20, 22-25, 27, 29]; sect. 36(1) [paras. 8, 11-12]; sect. 37 [paras. 8, 11-12].

Counsel:

Raj Anand, for the applicants;

Douglas K. Gray, Q.C., for the respon­dents.

This application was heard before Steele, Montgomery and Archie Campbell, JJ., of the Ontario Divisional Court on April 22, 1991. The decision of the court was released on May 23, 1991, when the following opin­ions were filed:

Steele, J. (Montgomery, J., concurring) - see paragraphs 1 to 14;

Archie Campbell, J., dissenting - see paragraphs 15 to 29.