Is there any case law where a company has been found to have breached a contract by paying a unionized employee from the first day of the day, even though there is a waiting period?
Ontario, Canada
The following excerpt is from Canadian National Railway Co. v. Beatty, 1981 CanLII 2953 (ON SCDC):
That finding surely fits within the principles enunciated by Denning L.J. in Combe v. Combe, cited above. By its conduct in persistently paying many classifications of employees from the first day of illness in the face of a clause providing for a waiting period, the company gave the union an assurance which was intended to affect the legal relations between them. The union took the company at its word and refrained from requesting a formal change in the agreement. The company should not now be allowed to revert to the previous relations as if no such assurance had been given.
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