Can a unionized employee sue their employer for medical care for mental stress?

Nova Scotia, Canada


The following excerpt is from Frayn v. Quinlan, 2008 NSSC 63 (CanLII):

In Toronto Transit Commission v. Amalgamated Transit Union (2004), 132 L.A.C. (4th) 225, the Union argued that the employee suffered mental stress and ultimately had to have medical care. The employer argued that the arbitrator did not have jurisdiction to deal with the matter. The arbitrator said at p. 237: ... First, and at the very least, if management is not required to exercise its responsibilities reasonably, it must not abuse its authority and act in a manner that constitutes abuse or harassment of employees. Following O’Leary, even absent an express provision referring to managerial abuse or harassment, and apart from the management rights provision, I determine it is an implied term of the collective agreement that the work of a supervisor must be exercised in a non-abusive, non-harassing manner.

Other Questions


In a medical malpractice case, is the employer required to make all necessary provisions for occupational safety and health of employees? (Nova Scotia, Canada)
If an employer has not responded to a Transit Union grievance, can the union claim damages? (Nova Scotia, Canada)
What is the test for an employer to conclude that an employee has abandoned their employment? (Nova Scotia, Canada)
What is the standard of evidence used in medical, scientific and other medical evidence at a jury trial? (Nova Scotia, Canada)
How much liability does an employer have against an employee for negligence? (Nova Scotia, Canada)
Does the fact that a grievor feels or believes she was a victim of workplace harassment or insubordination in an employment tribunal (i.e. a union representing the grievor during the investigation of a harassment complaint)? (Nova Scotia, Canada)
What is a former employee’s duty to accept lower paying employment? (Nova Scotia, Canada)
Can a mentally incompetent person designate a residence in accordance with the Social Assistance Act? (Nova Scotia, Canada)
What is the test for establishing that a person is mentally competent to produce evidence in a family law proceeding? (Nova Scotia, Canada)
Is poor mental health a factor in the denial of a permanent care application? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.