HomeMy WebLinkAbout2022-12260.Tsun.24-10-11 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2022-12260
UNION# 2022-5108-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Tsun) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Joseph D. Carrier
Arbitrator
FOR THE UNION Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Mackenzie Anderson
Liquor Control Board of Ontario
Counsel
HEARING October 10, 2024
-2 -
Decision
[1] This matter is a grievance filed by OPSEU on behalf of Ben Tsun (the “Grievor”) that
was scheduled to be heard commencing at 10:00 a.m. over video conferencing on
October 10, 2024. In advance of the virtual hearing, the Union requested that the
hearing date be adjourned because the Grievor was experiencing heightened
anxiety in attending the hearing. The Employer refused the Union’s request. The
Union subsequently provided the Employer with medical documentation related to
the adjournment request. The hearing convened on October 10, 2024, and Mr. Tsun
was not in attendance. The Union repeated their request for the adjournment with
myself and provided a copy of the available medical documentation.
[2] The Union and Employer have agreed, on a without prejudice basis, to adjourn and
reschedule the October 10, 2024 hearing date on the terms set out below.
In the circumstances, I hereby order as follows:
Mr. Tsun shall provide Union counsel with medical documentation
from his treating medical provider that outlines their opinion as to
when Mr. Tsun will be capable of attending and participating in
virtual GSB hearing dates.
Should Mr. Tsun require accommodation to facilitate attending
virtual hearings for this matter, then those measures shall be
outlined in the provided medical documentation.
All the above-referenced medical documentation must be provided
to Union counsel by no later than three months of today’s date.
[3] In the event the documentation is not provided by the Grievor as ordered, this
matter may be dismissed upon Motion of the Employer.
Dated at Toronto, Ontario this 11th day of October 2024.
“Joseph D. Carrier”
Joseph D. Carrier, Arbitrator