Case information

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Administrative law — Labour law arbitration award — Dismissal — Judicial review — Admissibility of evidence — Natural justice and procedural fairness — Whether medical certificate prepared on same day as employer’s decision to dismiss employee, but dealing with prior events, can be considered subsequent evidence that is irrelevant in deciding grievance against dismissal — Whether refusal to admit content of medical certificate in evidence without restrictions is contrary to natural justice and affects fairness of process — Whether arbitration award and grounds relied on for upholding dismissal are unreasonable.

Cynthia Florestal had been an employee of the respondent Telus Communications Inc. since December 2008. In the summer of 2011, Ms. Florestal was absent from work several times due to illness. During her first two absences, at her employer’s request, she provided medical certificates as proof. However, during the third absence, she failed to comply with her employer’s repeated requests and did not provide a medical certificate within the required time, which resulted in her dismissal. The union then filed an unjust dismissal grievance and requested that Ms. Florestal be reinstated. After analyzing the evidence filed, the arbitrator dismissed the grievance on the ground that the dismissal was not unreasonable, wrongful or discriminatory.