HomeMy WebLinkAbout2012-1763.Khan.15-09-14 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#2012-1763, 2013-2404
UNION#2012-0526-0018, 2013-0526-0078
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Khan) Union
- and -
The Crown in Right of Ontario
(Ministry of Attorney General) Employer
BEFORE Barry B. Fisher Vice-Chair
FOR THE UNION Robin Lostracco
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Kevin Dorgan
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING September 9, 2015
- 2 -
Decision
The following order is issued with respect to how this case will proceed.
[1] The Union will provide the Employer with full particulars of all allegations of
discrimination, harassment and health and safety breaches that it intends to rely
upon at the hearing. This is to be delivered by November 10th, 2015.
[2] The parties will exchange copies of all relevant documents by December 15,
2015.
[3] As the Grievor is relying in part on his medical condition to claim damages in this
grievance, the Employer is entitled to full access to the relevant medical records
regarding this matter. My preliminary understanding is that the Grievor sought
medical treatment both from his family doctor as well as a psychiatrist in the
relevant period. The Grievor is therefore ordered to sign the necessary consents
to allow both the Union and the Employer access to the notes and records of the
treating physicians and other relevant medical personnel. If the Grievor refuses
to provide such consents, then I will not consider this aspect of his claim.
[4] The hearings dates are as follows:
February 1, 3, 9 and 11, 2016.
[5] The Grievor has already been granted a number of adjournments for various
reasons, therefore these dates are preemptory to the Union. I urge the Grievor to
arrange his personal affairs, including his upcoming educational LOA, so as not
to conflict with these dates. If he fails to attend at any of these dates without a
proper excuse, the case will simply proceed in his absence.
Dated at Toronto, Ontario this 14th day of September 2015.
Barry B. Fisher, Vice-Chair