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Established in 1985, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) is the final level of appeal to which workers and employers may bring disputes concerning workplace safety and insurance matters in Ontario. WSIAT has always been separate from and independent of the Workplace Safety and Insurance Board.

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  Decision 365 14
4/7/2014
B. Kalvin

  • Re-employment (termination)

The worker suffered a shoulder injury in June 2011. The employer fired the worker in April 2012. The worker appealed a decision of the Appeals Resolution Officer finding that the employer did not breach its re-employment obligations.
The employer fired the worker for failure to provide medical documentation confirming his need to be absent from work on numerous occasions. The worker claimed that the absences were related to his compensable injury. This may have been true. However, the worker had been authorized by his doctor to work four hours per day at modified work. Thus, the worker's absences without supporting documentation could only be regarded as unauthorized absences for which the employer was entitled to take disciplinary measures. Further, there was no indication of bad faith on the part of the employer.
The worker was not fired for reasons related to the work injury. The employer did not breach its re-employment obligations. The appeal was dismissed.