questionnaire for Algoma, so he
wasn't untruthful.
The arbitrator noted that
while Chouinard didn't have a
previous claim, according to his
answers on the injury reporting
form and in his interview, he be-
lieved he did. He only later found
out he didn't have an official
claim, which meant he wasn't
upfront with what he under-
stood to be the facts at the time.
He didn't actually draw any ben-
efits or take any days off because
of his previous injury, and all
his pain had passed by the time
he filled out the questionnaire.
In addition, he worked success-
fully for more than four years
before the 2016 injury. However,
his failure to disclose the earlier
injury hampered the purpose of
the questionnaire and Algoma's
hiring process.
The arbitrator found Choui-
nard should have mentioned
his previous injury. Though he
didn't have a claim and the time
off he took following the injury
was part of his normal shift ro-
tation, he sought chiropractic
care, which indicated the injury
was noteworthy enough that
it could potentially affect his
ability to function as a track la-
bourer. Since the purpose of the
health questionnaire was to al-
low Algoma to assess the facts
of an employee's medical status,
the previous injury should have
been disclosed, said the arbitra-
tor.
Accurate information
important for employer
The arbitrator also found that
Algoma "devoted significant
resources" to finding qualified
employees, as it had experienced
a large turnover of workers in
recent years. The health ques-
tionnaire was one tool it used
to ensure it was hiring "the right
people for the right jobs." When
someone doesn't properly fill
out the questionnaire, it causes
not only potential problems for
Algoma, but also may give an
unfair advantage for scarce posi-
tions that are available, said the
arbitrator.
The arbitrator determined
there was no reason for confu-
sion on Chouinard's part and
the previous injury should have
been "fresh in his mind" when
he was hired by Algoma, given
the accident, his pain, and his
treatment had all happened in
the past year. This "deliberate
under reporting" of his medi-
cal history, combined with his
disciplinary history of one sus-
pension and three reprimands
in his three years with Algoma,
gave the railway sufficient cause
for dismissal. Chouinard's griev-
ance was denied and his termi-
nation was upheld.
For more information see:
• Algoma Central Railway and
Teamsters Canada Rail Con-
ference (Chouinard), Re, 2016
CarswellNat 6497 (Can. Rail-
way Office of Arb. & Dispute
Res.).
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CSR | March 2017 | News
Old < pg. 5
Past injury and treatment were recent
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e purpose of the health questionnaire
was to allow Algoma to assess the facts
of an employee's medical status.
