HomeMy WebLinkAbout2019-2782.Overdevest et al.24-10-18 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# 2019-2782; 2020-0778; 2020-1183; 2021-1056; 2022-10703
UNION# 2019-0221-0004; 2020-0221-0003; 2019-0221-0005;
2021-0221-0002; 2021-0221-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Overdevest et al) Union
- and -
The Crown in Right of Ontario
(Public and Business Service Delivery and Procurement) Employer
BEFORE Ken Petryshen Arbitrator
FOR THE UNION Robert Healey
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Joohyung Lee
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING October 8, 2024
- 2 -
Decision
[1] I have before me a number of grievances filed on behalf of Ms. K. Overdevest.
We are at the stage in the proceeding where the Employer is calling its evidence.
This decision addresses motions made by counsel at a hearing on October 8,
2024. Given that the next hearing date will soon be upon us, and consistent with
what I had advised counsel at the hearing, I will address the matters before me
succinctly.
[2] During cross-examination of Ms. J. Mereweather, Union counsel initiated a line of
questioning concerning the medical impact on Ms. Mereweather’s mental health as
a result of the Grievor’s alleged conduct. After Ms. Mereweather indicated that
she had consulted a doctor, she was asked if she had obtained a diagnosis. It
was at this point that Employer counsel objected to this question on the basis of
relevance. On the next day of hearing, counsel made extensive submissions on
whether Union counsel should be permitted to ask the witness questions about her
medical circumstances. Having considered these submissions, I am satisfied that
the medical impact on Ms. Mereweather’s mental health of the Grievor’s alleged
conduct is not relevant to any of the issues in dispute in this case. Therefore,
Union counsel will not be permitted to pursue this line of questioning with the
witness. It follows from this ruling that the Union’s request for the disclosure of
medical records relating to Ms. Mereweather’s mental health is denied. Such
records would not have any relevance to the issues in dispute in this proceeding.
[3] As set out in Union counsel’s email dated September 4, 2024, the Union requested
the further production of documents, consisting primarily of emails that are
generally identified in points 1 to 8 in counsel’s email. The Employer took the
position that the material requested by the Union is not arguably relevant and
constitutes a fishing expedition. Having considered the submissions on this issue,
I have not been convinced that the items requested by the Union are arguably
relevant to the issues in dispute. I therefore decline to order the disclosure of the
material set out in points 1 to 8 of Union counsel’s email.
[4] The hearing of Ms. Overdevest’s grievances will continue on October 22, 2024.
Dated at Toronto, Ontario this 18th day of October 2024.
“Ken Petryshen”
Ken Petryshen, Arbitrator