The grievor presented his employer with a medical certificate permitting him to take leave intermittently over eight weeks as a result of stress -- at the end of that time, the grievor presented a second certificate which was accepted by the employer -- the grievor presented a third certificate with the identical prescription -- the employer refused to accept the third certificate unless the grievor’s medical condition was confirmed by the employer’s chosen physician -- the grievor was told to refrain from attending work and that his he would stop receiving his salary until the assessment was completed -- the grievor was advised that failure to undergo the assessment would be considered insubordination and that disciplinary action might follow -- the grievor stated he would not give his consent for the assessment until he was given the reasons for the request -- the grievor was suspended without pay for five days (the suspension was later rescinded) -- subsequently, the grievor presented the employer with a medical certificate stating he was fit for work -- it was refused by the employer -- the grievor was again advised that he must attend an independent medical assessment (IME), pursuant to the employer’s Occupational Health and Safety (OHS) Policy, before he would be allowed back to work --  the employer placed the grievor on leave without pay -- the grievor grieved the cessation of his salary and his placement on leave without pay -- the employer claimed the grievor’s lack of pay was an administrative issue -- the grievor argued that it was disciplinary in nature -- the adjudicator found that the employer’s measures were disciplinary in nature and that the grievor had been indefinitely suspended without pay; she therefore took jurisdiction -- the adjudicator found that the employer did not have sufficient grounds to request an IME -- there was no evidence adduced that the grievor posed a “safety risk” to himself or others, as contemplated by the OHS Policy -- the employer did not have any reasonable grounds to question the grievor’s fitness to work -- the employer could have exercised other options before requiring an IME -- the adjudicator found that the discipline was unwarranted.

Grievances allowed.