HomeMy WebLinkAbout2012-2922.Grievor.14-11-24 Decision
Crown 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#2012-2922
UNION#2012-0542-0023
Additional files attached in “Appendix A”
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Grievor) Union
- and -
The Crown in Right of Ontario
(Ministry of Community and Social Services) Employer
BEFORE Peter F. Chauvin Vice-Chair
FOR THE UNION David Wright
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
Counsel
FOR THE EMPLOYER Caroline Cohen
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL
September 10, 2014
- 2 -
Further to the conference call hearing that was conducted on September 10, 2014, at which the
parties made their representations regarding my Decision in this matter dated July 3, 2014, and
its ramifications upon the Memorandum of Settlement signed by the parties and the Grievor on
May 29, 2013, I issued the following ORDERS:
[1] I ordered the Grievor to sign the Consent authorizing the release of his medical records to
his choice of one of three (3) service providers for the purpose of their determining whether it
is appropriate that one or more IMEs be conducted upon the Grievor. The May 29, 2013
Memorandum of Settlement refers to "The second IME". In view of the facts of this case, as they
have evolved, it is clear that it may be necessary that the second IME take the form of more than
one IME, assessing both the Grievor’s physical and psychological or psychiatric state.
[2] I ordered that should the Grievor fail to sign the Consent, this will constitute a failure to
cooperate for the purposes of the May 29, 2013 Memorandum of Settlement.
[3] I confirmed, as stated in paragraphs 37 to 41 of my July 3, 2014 Decision, that even though
I was not satisfied that Dr. Woodside's Report was sufficient to rule that the Grievor presents a
safety risk to himself or others if he returns to work, that nevertheless the Grievor’s physical and
psychological issues and behaviours still give rise to very serious concerns and doubts
about whether the Grievor can, and more importantly, should in fact be returned to the
workplace. It is an essential requirement of every employee to be a productive and cooperative
employee. The Grievor's past employment and medical history raises serious concerns about
whether he can be a productive and cooperative employee, and whether he should be returned to
work. Accordingly, to assess this, there may need to be one or more physical and psychological
or psychiatric evaluations as part of the second IME, as referred to in paragraph 1 above.
Dated at Toronto, Ontario this 24th day of November 2014.
Peter F. Chauvin, Vice-Chair
- 3 -
Appendix A
GSB# Union File#
2012-2923 2012-0542-0024
2012-2924 2012-0542-0025
2012-2925 2012-0542-0027
2012-3234 2012-0542-0028
2012-3235 2012-0542-0029
2012-3236 2012-0542-0030
2012-3237 2012-0542-0031
2012-3238 2012-0542-0032
2012-3239 2012-0542-0033
2012-3240 2012-0542-0034
2012-3241 2012-0542-0035
2012-3242 2012-0542-0036
2012-3243 2012-0542-0037
2012-3244 2012-0542-0038
2012-3245 2012-0542-0039
2012-3246 2012-0542-0040
2012-3247 2012-0542-0041
2012-3248 2012-0542-0042
2012-3249 2012-0542-0043
2012-3250 2012-0542-0044
2012-3251 2012-0542-0045