We are pleased to announce that the long-awaited decision regarding the denial of benefits during requalification period was awarded to the Telecommunications Workers Union (TWU)

on August 5, 2010.  The grievance was launched following Telus’ practice of denying workers’ benefits who have exhausted their Short-Term Disability benefits.

The arbitrator appointed to this case was Christopher Sullivan who found in favour of the Union.  He rejected the Employer’s argument that a worker who had been absent on a Short-Term Disability claim and returned to work for at least twenty-two consecutive work days, had to be absent for a minimum of ten days in order to obtain the benefit of an additional fifteen weeks of Short-Term Disability at 70 per cent.  Arbitrator Sullivan rejected any suggestion that the Short-Term Disability Plan creates a substantive requirement that a subsequent absence be a minimum of ten days in order for a worker to obtain this one-time benefit.

The Arbitrator ordered the Company to pay individuals, including the employee whose circumstances were used for illustrative purposes in the arbitration, a sum equal to the benefits they are entitled to in accordance with that declaration.  This means that other workers who have been denied Short-Term Disability benefits because their subsequent absence was less than ten days in length are entitled to damages.

Any members who think that they may have had benefits denied by the Company contrary to this ruling should contact their Business Agent immediately.  If their circumstances fall within those outlined in the decision, they may be entitled to an award of damages.