HomeMy WebLinkAbout2013-1588.Shkuratoff.14-05-06 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2013-1588
UNION#2012-0378-0064
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Shkuratoff) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Ian Anderson Vice-Chair
FOR THE UNION Mike Biliski
Koskie Minsky LLP
Barristers and Solicitors
Counsel
FOR THE EMPLOYER Paul Macchione
Liquor Control Board of Ontario
Counsel
HEARING April 30, 2014
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Decision
[1] This is a grievance relating to the termination of the Grievor’s employment on June 6,
2012.
[2] The employer alleges the Grievor’s employment was terminated for breach of a provision
of a “Last Chance Agreement” relating to attendance. The Union asserts that the
Grievor’s failure to comply with the attendance provision was the result of a disability it
identified.
[3] An arbitration hearing was scheduled for April 30, 2014. The Grievor did not attend and
the Union was unable to contact her to determine the reason for her non-attendance.
[4] A further hearing date in this matter has been scheduled for September 15, 2014. If this
matter is to proceed, the Grievor’s medical history as it relates to the alleged disability
and the extent of the Employer’s knowledge of that disability will be at least arguably
relevant. Further, the Union has indicated that it intends to obtain and rely upon a
medical report from a qualified medical practitioner addressing the Grievor’s disability,
prognosis and accommodation required. Having regard to the foregoing, the Board
makes the following orders:
a. The Union is to produce to the Employer a copy of all portions of the
Grievor’s medical records arguably relevant to the alleged disability for the period
October 31, 2009 until the date of the hearing.
b. The Employer is to produce to the Union a copy of all medical reports or
notes it has received from the Grievor for the period October 31, 2009 until the
date of the hearing.
c. Should the Union wish to rely upon the opinion of an expert in support of its
position, it is to file a copy of a report from the expert in advance of the hearing.
d. The productions and filings set out in paragraphs (a), (b) and (c) are to be
completed as soon as possible and in any event no later than August 1, 2014, or
such later date(s) as the parties agree or this Board orders.
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e. In the event that the grievance succeeds, the Grievor shall be entitled to no
compensation for the period May 1, 2014 until September 15, 2014, unless
the Grievor establishes that she was unable to attend the hearing on April 30,
2014 for good and valid reasons and able to work for any part of that period
of time for which compensation is claimed.
[5] I am seized.
Dated at Toronto, Ontario this 6th day of May 2014.
Ian Anderson, Vice-Chair