An employer's appeal challenging a departed employee's
workers' compensation entitlements may proceed, despite being
filed after the employer, union and employee reached a settlement
The union had filed earlier grievances relating to the
employee's health and safety and her dismissal. The
union, employer and employee settled the grievances at
mediation and signed Minutes of Settlement under which the employee
After the Minutes of Settlement were signed, the employer filed
an appeal challenging the worker's entitlement to Workplace
Safety and Insurance Board loss of earnings benefits relating to an
earlier workplace injury. The union claimed that that appeal
breached the Minutes of Settlement. The dispute went in
front of an adjudicator with the Grievance Settlement Board.
The arbitrator noted that the Minutes of Settlement settled all
issues relating to the employee's employment and the
termination of her employment. However, the employer had not
released any of its rights whatsoever. Importantly, paragraph
9 of the Minutes of Settlement prohibited the employee from
pursuing reinstatement and reemployment but went on to
state, "this paragraph is without prejudice to the
parties' position with respect to any other matter under
the" Workplace Safety and Insurance Act.
The arbitrator decided that although when the Minutes of
Settlement were signed, the employee was receiving loss of earnings
benefits under the Workplace Safety and Insurance Act,
there was no guarantee in the Minutes of Settlement that she would
continue to do so. As such, the employer's WSIB appeal
did not breach the Minutes of Settlement.
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