HomeMy WebLinkAbout2013-0597.Goulet.14-11-19 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#2013-0597
UNION#13-32
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Canadian Union of Public Employees - Local 1750
(Goulet) Union
- and -
The Crown in Right of Ontario
(Workplace Safety and Insurance Board) Employer
BEFORE Joseph D. Carrier Vice-Chair
FOR THE UNION Fred Ho
Canadian Union of Public Employees –
Local 1750
National Representative
FOR THE EMPLOYER Eric Kupka
Workplace Safety and Insurance Board
Counsel
HEARING November 6, 2014
- 2 -
Decision
[1] Official openings in the matter of Ms. Goulet’s complaints that she was treated unjustly,
harassed and discriminated against in her work with the WSIB were presented in part on
November 6, 2014.
[2] Amongst other things it was the Grievor’s position that, as a result of her mistreatment in
the workplace, she has suffered emotional and mental injury and or that an existing
disability of that nature has been aggravated. In support of that position Mr. Ho, for the
Union, and, on her behalf, sought to rely on a series of medical notes and reports relevant to
Ms. Goulet’s mental health.
[3] For the Employer, Mr. Kupka, took the position that, since Ms. Goulet’s mental state had
been put directly in issue by her and the Union, all medical information relating to the
Grievor’s mental health during the period in issue was relevant to these proceedings.
[4] Having heard and considered the submissions of Counsel I was satisfied that the Production
Order requested by the Employer was warranted.
[5] I therefore confirm my Order as follows:
1) The Grievor shall provide her consent for the release to the Union of the
clinical notes and records of all physicians and therapists seen by the Grievor,
relating to the Grievor’s mental health status and/or condition and to the effects
on her mental health of her pregnancy in 2013, for the period from January
2004 until the present.
- 3 -
2) The Union shall disclose the documents referred in paragraph 1 to Counsel for
the Employer prior to December 31, 2014.
3) Counsel shall communicate and agree, in so far as possible, as to which, if any,
such material is relevant and admissible.
4) Any dispute between Counsel concerning #3 above may be referred to me for
resolution.
5) Any copying costs charged for the production of the documents referred to in
paragraph 1 shall be shared equally by the Union and the Employer.
Dated at Toronto, Ontario this 19th day of November 2014.
Joseph D. Carrier, Vice-Chair