Tuesday, August 24, 2021

Arbitrator Acknowledges Unjust Situation

Retirement home employer is forced to provide improvements to private insurance

By Mira Ponomarenko, Research & Training Specialist

CLAC is continuing to push for improved protections for healthcare workers in retirement homes that are not covered by Workplace Safety and Insurance Act provisions (WSIB). We are working with the provincial government to make this coverage mandatory. And while we wait for our politicians to do the right thing, we continue to prioritize this issue at the bargaining table.

For the first time, the injustice of the current situation was finally acknowledged by an arbitrator in a recent arbitration decision for Lynwood Park Lodge and CLAC, where he wrote that “there does exist a need for better employee workplace protection than the employer’s present private insurance affords.”

The arbitrator did not award these workers the WSIB protections, despite CLAC’s vigorous argument. But this decision will force the employer to seek improvements in its private insurance coverage to include protections in case of a workplace illness or disease, which is currently excluded. Should that not be possible, the arbitrator provided other options for the employer and CLAC to make alternative arrangements with the same goal in mind.

This case represents significant positive progress toward improving workplace safety protections. After all, recognizing the problem is the first step to solving it.

Previously, arbitrators often dismissed the issue without comment, and simply ignored the plight of those of you who have worked through this pandemic without a safety net. We have a long way to go—change takes time and hard work.

We will not let Ontarians forget the sacrifices and risks you have faced to get us all through this pandemic. We’ve got your back, and we will keep fighting for safety, dignity, and recognition for you and your healthcare coworkers.

Arbitrator Acknowledges Unjust Situation

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