HomeMy WebLinkAbout2013-2789.Bharti.14-06-27 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#2013-2789
UNION#2013-0362-0022
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bharti) Union
- and -
The Crown in Right of Ontario
(Ministry of Natural Resources) Employer
BEFORE Ian Anderson Vice-Chair
FOR THE UNION Billeh Hamud
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Jonathan Rabinovitch
Ministry of Government Services
Labour Practice Group
Counsel
HEARING June 24, 2014
- 2 -
Decision
[1] The Grievor holds a position with the Ministry of Natural Resources in Peterborough but
resides in Ottawa. His grievance alleges that the Employer must permit him to work
from Ottawa in order to accommodate certain practices of his religious beliefs. The
Employer challenges the sincerity of the Grievor’s religious beliefs and does not
otherwise accept that the Human Rights Code is engaged so as to give rise to a duty of
accommodation (the “first issue”). Further, even if the Code is engaged, the Employer
does not concede that the Code would require it to provide the accommodation sought by
the Grievor (the “second issue”).
[2] On the agreement of the parties, the hearing of the first and second issues will be
bifurcated. By July 15, 2014, the Union is to file full particulars with respect to all
grounds of the Code which it says are engaged, along with copies of all documents upon
which it will rely in support of its position. In doing so, the Union is to identify all
witnesses it intends to call and for each witness provide a brief synopsis of his or her
anticipated evidence. By September 9, 2014 the Employer is file all documents upon
which it intends to rely in support of its position. By October 1, 2014 the Employer is to
file a document in which it identifies all witnesses it intends to call and for each witness
provide a brief synopsis of his or her anticipated evidence.
[3] The hearing with respect to the first issue is scheduled for November 12, December 4 and
11, 2014. Should the matter continue following the decision with respect to the first
issue, any evidence heard with respect to the first issue may be relied upon for the
purposes of the second issue.
[4] I am seized.
Dated at Toronto, Ontario this 27th day of June 2014.
Ian Anderson, Vice-Chair