Safety & HCM Post

Arbitrator Can’t Make Retiree Refund Overpayment She Got When Employed

The Winnipeg Regional Health Authority (WRHA) discovered that it had overpaid an employee $3,500+ over her employment and demanded that the union repay the money. The union refused, noting that the employee had retired 4 months earlier. WRHA filed a grievance but the arbitrator rejected it, finding that it only had jurisdiction to resolve collective agreement disputes between WRHA and union “employees” and that a retiree isn’t an “employee.” The Manitoba appeals court found the ruling reasonable and refused to overturn it [Winnipeg Regional Health Authority v. Winnipeg Assoc. of Public Service Officers, 2019 MBQB 54 (CanLII), April 3, 2019].

Bongarde Editorial

Bongarde Editorial

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