HomeMy WebLinkAbout2012-3769.Ven.15-08-28 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#2012-3769
UNION#2012-0302-0009
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ven) Union
- and -
The Crown in Right of Ontario
(Ministry of Attorney General) Employer
BEFORE Randi H. Abramsky Vice-Chair
FOR THE UNION Chris Donovan
Dewart Gleason LLP
Counsel
FOR THE EMPLOYER Caroline Cohen
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL August 28, 2015
- 2 -
Decision
Having heard the submissions of the parties, I hereby order as follows:
[1] The Union and the grievor are ordered to produce copies of all documents that
are arguably relevant to the issues in dispute in this grievance, and that are not
privileged.
[2] This order includes non-privileged clinical notes and records that are current in
the union and the grievor’s possession or control and that are arguably relevant
to the assessment and treatment of the grievor with regard to her request for
accommodation, her allegations of harassment, and the effect of the Employer’s
alleged actions on her physical and mental health.
[3] The documents produced may be shared with the Employee Relations Advisor
assigned to this grievance, Anne Weber (operations Manager, Criminal Law
Division), Cheryl Barr (Regional Manager, Criminal Law Division), and a
representative at the Centre for Employee Health and Safety and Wellness,
solely for the purpose of providing the Employer’s lawyers with instructions.
[4] The documents may also be reviewed by any medical expert retained by the
Employer to provide any opinion to the Employer for the purposes of this hearing.
[5] The documents are to be used solely for the purposes of this proceeding. The
contents of the documents shall not be disclosed to any other person without
agreement from the Union or leave of the Board, subject to such documents
being entered as an exhibit in this proceeding.
[6] Counsel for the Employer may retain one copy of any of the documents entered
as exhibits in these proceedings. Such copy is to be retained securely in the
litigation file. All copies provided to the individuals referred to in paragraph 3 will
be destroyed at the end of these proceedings.
Dated at Toronto, Ontario this 28th day of August 28th, 2015.
Randi H. Abramsky, Vice-Chair