CROA 5237
Summary of CROA 5237 – G. Figliomeni Award
January 14, 2026
The dispute centers on the termination of benefits for Mr. Figliomeni, a conductor in Ontario, following a fatal workplace incident on June 29, 2022. He went on approved workers’ compensation leave (WSIB). In May 2023, the company notified him of a new national policy: benefits would continue for 52 additional weeks (except Quebec, 2 years). In May 2024, after his daughter's claim was denied, he learned his benefits had been stopped.
The union argued this violated Article 37 of the collective agreement, Sections 168 and 239.1 of the Canada Labour Code, and human rights. Mr. Figliomeni tried to pay his own premiums to keep benefits active but was told by the company this was unnecessary and arrears would be handled upon his return.
The company justified its policy by referencing provincial requirements, claiming it had aligned benefit duration to 52 weeks for all (except Quebec). It asserted compliance and denied the grievance.
The arbitrator reviewed legislative texts and case law and concluded that Section 239.1 of the Canada Labour Code requires benefits to continue for the entire period of absence due to a workrelated injury, with no time limit.
As a federally regulated employer, the company cannot override this obligation, even if provincial law or insurance contracts impose limits. The award orders reinstatement of Mr. Figliomeni’s benefits, reimbursement for losses, and affirms that federal law supersedes any less favorable provisions. This decision carries great significance at the national level, as it confirms the supremacy of federal obligations regarding the protection of benefits for all employees governed by the Labor Code.
This award demonstrates the critical importance of close collaboration between the defensive (grievance/arbitration) and legislative (labour law interpretation and enforcement) sides of union work. Deep knowledge of federal legislative obligations is essential to effectively defend members’ rights, especially when company policies rely on provincial standards.