A cautionary tale about vague medical notes and the limits of union representation duties
A marine cook's incomplete medical documentation prevented his return to work, and when his union declined to file a grievance, the Newfoundland and Labrador Supreme Court sided with the union.
Justice Trina D. Simms dismissed Mark Walsh's judicial review application on February 13, 2026, in a decision that underscores how poorly drafted medical notes can backfire on employees seeking accommodation.
Walsh, employed with the Department of Transportation and Infrastructure, submitted a medical note in September 2022 stating he could not work extra shifts due to medical issues. The note created an unexpected problem: it conflicted with his Transport Canada marine medical certificate, which contained no restrictions on consecutive days aboard vessels. When the employer requested additional medical information to reconcile the discrepancy, Walsh's medical appointment was cancelled and he could not provide the documentation before his scheduled return to work. His return was delayed as a result.
Walsh worked under a collective agreement specifying that "the shift rotation for the Marine Services, except Bell Island run, shall be fourteen (14) days on and fourteen (14) days off." His concern centered on being required to work six-week shifts when relief staff were unavailable, which would interfere with regularly scheduled medical appointments on shore...
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