EMPLOYEE RIGHTS AND BENEFITS - Entitlement - Laid-off employees

Law360 Canada ( March 16, 2018, 8:37 AM EDT) -- Appeal by the Ontario Nurses’ Association (ONA) from a decision overturning an arbitrator’s decision, allowing the ONA’s grievance against the Toronto East General Hospital. The hospital closed 11 beds in one of its units, resulting in a reduction of the number of hours of work available to regular part-time (RPT) nurses, without regard to their seniority. The ONA complained that the hospital breached the collective agreement’s lay-off provisions, which defined a lay-off as a reduction in a nurse’s hours of work. The arbitrator agreed with the ONA’s position, while the court reasoned that the hospital had no obligation to provide work to RPT nurses....
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