HomeMy WebLinkAboutRasmussen 15-01-21BETWEEN
IN THE MATTER OF AN ARBITRATION
ROYAL OTTAWA HEALTH GROUP
("the Hospital" /"the Employer")
-AND-
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
I436/R
("the Union")
CONCERNING THE INDIVIDUAL GRIEVANCE of a grievor ("the Grievor") OPSEU
File No. 2014-0479-0016
Christopher Albertyn - Sole Arbitrator
APPEARANCES
For the Union:
Andrew Reeson, Regional Grievance Officer
Marlene Rivier, Local President
Donna Rasmussen, Grievor
For the Hospital:
Michelle O'Bonsawin, General Counsel
Nelly Rus, Student -at -Law
Lise Belanger, Acting Director Labour Relations & Human Resources
Alicia Bouchard, Labour Relations Officer
Hearing held in OTTAWA on January 21, 2015.
Award issued on January 21, 2015.
AWARD
This is an accommodation grievance.
2. The Grievor works as a recreational therapist in the Forensics Treatment Unit of
the Hospital. Her work requires her to be both within the patient care sections of the
Hospital and outside of the Hospital building to accompany Hospital clients during their
outdoor activities.
The Grievor is required to wear a brace on her leg to address a medical issue. The
medical requirement is that she be allowed to continue to wear sandals during the
summer months. The reason for this is that "the brace is very warm and wearing it with
closed toe shoes in the summer months causes a significant increase in sweating resulting
in skin problems".
4. This medical requirement would create no difficulty, but for a Hospital regulation
(the Safe Footwear Corporate Policy and Procedure) that closed toe shoes must be worn
by all staff in the patient care areas of the Hospital. This policy was introduced by the
Hospital because Ministry of Labour safety inspectors' issued orders to, or prosecuted,
various Ontario hospitals for the purpose of requiring appropriate footwear policies, as
part of the hospitals' obligations to do all that is reasonably necessary to protect the
health and safety of employees. The Hospital's policy is in response to the risk of various
hazards if hospital staff wear open toed shoes in patient care areas.
Having regard to the parties' submissions, to the Grievor's medical needs, to the
Hospital's policy and the Ministry of Labour's safety requirements, I find the following
to be the only reasonable accommodation available to the Grievor, the Hospital and the
Union, notwithstanding the Hospital policy and those requirements. This accommodation
satisfies the Grievor's medical needs, which are ongoing and unlikely to abate. The
accommodation is the following:
a. Like other staff, the Grievor is required to wear closed toe shoes at all
times when she is at work within the Hospital in the patient care areas,
save in the following circumstances.
b. If, when the outdoor temperature is warm or hot, the Grievor is to leave
the Hospital building, she may wear sandals with open toes with her
brace when she is outside the Hospital building.
c. The Grievor needs also to be able to go from her office along a corridor,
and to use the elevator, in order to leave the building. The Grievor will
have a reasonable opportunity to change from her closed toe shoes to her
sandals in her office before departing the Hospital building.
d. The Grievor may wear her sandals with her brace during the time she
moves from her office to leave the patient care areas to go outdoors, even
though this requires her, for a brief period, to be in open toe shoes in
patient care areas. For this, the GrleVor will go directly from her office to
the outdoors.
e. The Grievor will have a reasonable opportunity to clean and dry her leg
and brace when she is inside the Hospital building.
6. The grievance is resolved on the above basis. I remain seized of the
interpretation, application or implementation this award.
DATED at OTTAWA on January 21, 20I5.
Christopher J. Albertyn
Arbitrator