Background:

• Employee: Mary Jayne Sauson, injured in February 2010.
• Injury: Shoulder injury, began receiving Workers' Compensation in April 2011, secured a new position in December 2014.
• Grievance: Alleged breach of duty to accommodate during the interim period.

Arbitrator’s Decision:

• Date: April 21, 2023
• Arbitrator: Susan Ashley
• Outcome: Compensation for Sauson for loss of wages and damages under the Canadian Human Rights Act (CHRA).

Facts:

• Sauson was injured lifting a parcel, continued working until April 2011.
• Applied for accommodation in February 2013.
• Canada Post searched for suitable positions from May 2012.
• Sauson secured a new position on her initiative in December 2014.

Grievance Details:

• Filed on May 22, 2013, claiming failure to accommodate.
• Highlighted a “YB position” suitable for Sauson, not offered in 2012/2013.

Arbitrator’s Findings:

• Failure to Accommodate: Not all appropriate positions identified or offered.
• Compensation Start Date: Arbitrarily chosen as July 1, 2012.
• Damages Awarded: Including wage loss, benefits arrears, and $12,000 under CHRA.

Judicial Review Application:

• Applicant’s Grounds for Review: Arbitrator lacked jurisdiction, errors in accommodation determination, YB position placement, and damage particulars.
• Court’s Analysis: Found concurrent jurisdiction, decision reasonable despite omission of 2012 back injury, likely $12,000 under CHRA for pain and suffering.

Outcome:

• Judicial Review Dismissed: Decision reasonable and within jurisdiction.