Employee misses complaint deadline after flu shot causes paralysis

Collective agreement provided for 30 working days to file complaint but employer wanted to see if side effects from flu shot improved
By Jeffrey R. Smith
|Canadian Employment Law Today

An Ontario arbitrator has ruled a collective agreement’s 30-daytime limit for filing complaints should be waived after an Ontario company asked an employee for more time to see if the side effects of a company-sanctioned flu shot went away.

David Robinson was hired in November 2004 as a contract specialist with the supply chain group of Ontario Power Generation (OPG). The following year, OPG arranged for a nurse to give flu shots to its employees and encouraged everyone to receive one. On Nov. 14, 2005, Robinson received a flu shot from an OPG nurse.

Employee developed paralysis after flu shot