HomeMy WebLinkAbout2013-0597.Goulet.15-04-15 DecisionCrown Employees
Grievance Settlement
Board
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180 Dundas St. West
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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 Frederick Ho
Canadian Union of Public Employees
Local 1750
National Representative
FOR THE EMPLOYER Eric Kupka
Workplace Safety and Insurance Board
Counsel
HEARING April 9, 2015
- 2 -
Decision
[1] An Order for production of medical information was issued in this matter on November
19, 2014. Productions were to be provided “prior to December 31, 2014”. At
commencement of proceedings on April 9, 2015, I was advised by counsel for the
Employer, Mr. Eric Kupka, that he had not yet received any material from the Union
pursuant to that Order.
[2] Mr. Fred Ho for the Union advised that the Union had made its best efforts to comply
with the Order, however, the Grievor had, due to privacy and other concerns, failed to
consent to the release of the medical information. He indicated, however, that, on advice
of her union representatives, she was now prepared to do so.
[3] Although the Grievor had then signified her intention to execute the necessary medical
consent(s), it was appropriate, nonetheless, to comment on the matter of privacy and the
possible consequences in circumstances such as pertained in this case. Although an
employee may prefer to maintain the privacy of his/ her medical information, the failure
to consent to provide relevant medical material in a case such as that before me would
likely be prejudicial to the outcome of the matter. In particular, since the Grievor’s
allegations and the success of her case here in large measure rest upon medical
information, a failure to produce the relevant documentation would undermine the
Union’s ability to meet the onus on it and its ultimate success on her behalf.
[4] In the circumstances, Mr. Kupka advised that his client was prepared to indulge an
extension of the Order for production on condition that the date(s) for delivery to the
Union of the Grievor’s consent as well as for the production itself be specified in a
revised Order.
- 3 -
[5] Finally, having considered the issues addressed by counsel, and my concerns regarding
possible disrespect of the Board’s process, I issued a verbal Order which I now confirm
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. Such
consent to be provided to the Union on or before Friday, April 17, 2015.
2) The Union shall disclose the documents referred in paragraph 1 to Counsel for the
Employer on or before Friday, May 15, 2015.
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 15th day of April 2015.
Joseph D. Carrier, Vice-Chair