City reinstates bus drivers fired on medical leave
The union says Hamilton has reinstated two HSR drivers who were fired while on medical leave and struggling with organ transplant complications amid the pandemic.
Steven Burke and Chris Markow, both of whom have been on long-term disability for several years, say the city cited “frustration of contract” as grounds to fire them last summer — basically an argument that their medical conditions prevent them from resuming work for the transit agency.
But both men claimed they intended to return to work and had medical notes to back up their ability to do so.
Local HSR union head Eric Tuck announced Friday the city had decided to “immediately” reinstate the drivers after a meeting to review conflicting medical information that apparently contributed to the terminations.
Reached at home, Burke said he was relieved to hear he has a second chance to resume a job he loves. “That was always my plan,” said the 61-year-old, who had a liver transplant in 2017 but spent years overcoming complications that at one point forced him back into surgery.
Burke remains immunocompromised, but his doctor has said he could begin a “gradual return” to work. He said Friday he still has to discuss his options with the city, but had earlier suggested returning as a HSR inspector to limit his daily contact with the public during COVID.
“It’s unfortunate it had to come to this, but I’m hopeful my experience will help ensure other people (on long-term disability) will be able to avoid similar problems.”
Markow, in a brief phone call, called the reinstatement “good news,” but added he is awaiting more details. He is awaiting a kidney transplant but has expressed a desire to return to work after a successful recovery.
Tuck said the city and union will cooperate on a “full independent medical review” that factors in COVID before determining how or when the drivers return to work.
“The parties agree that better communications could have led to a more agreeable outcome (in the first place),” he said in a release. “This is something we will both work harder on.”
Tuck also said the city has agreed to a “more inclusive review process” before future decisions to terminate an employee over frustration of contract.