HomeMy WebLinkAbout1991-1392.Oltman.96-01-02 ONTARtO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
GRIEVANCE COMMISSION DE
SETTLEMENT R~=GLEMENT
BOARD DES GRIEFS
180DUNDAS$~E~WES~S~21~ mRONTO ON MSG1~ TELEPHONE/T~PHONE: ~1~3~-13~
1~ RUEDUNDASOUES~BUR~U21~ TORO~O(ON)M5GI~ ~CSIMI~/T~L~COPtE: ~1~6-1396
GSB '# 1392/91
OPSEU # 91D774
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN -.
OPSEU (Oltmann)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of. Health)
Employer
BEFORE D. Kates Vice-Chairperson
FOR THE R. Wells
GRIEVOR ·Counsel
Gowting, Strathy & Henderson
Barristers & Solicitors
FOR THE R. Angotti
EMPLOYER' Counsel
Fraser & Beatty
Barristers & Solicitors
HEARING November 24, 1995 ·
1
Decision
At one time the grievor was employed as a head nurse at The
Brockville Psychiatric ~ospitat. ~e has been on long term
disability leave since May 6, 1986. In 1989, he grieved his
failure to return to work which grievance culminated in a decision
of the GSB on August 30, 1990. In effect, the GSB ruled that the
grievor was required to demonstrate in an appropriate way his
fitness to return to work. As he had not satisfied the onus of
providing the employer with sufficient proof "in a meaningful way"
that'he was fit, the grievance was denied.
Arising out of that decision the grievor submitted another
grievance dated July 31, 1991, complaining that his employer"has
failed...to provide the appropriate form to be filled in by a
psychiatrist" so that he may demonstrate his fitness to return to
work. Compensation for financial losses since the date of his
original grievance (February 1, 1989) is requested.
In essence, the instant grievance represents a second effort
by the grievor to achieve a return to his former position of head
nurse at the employer's hospital.
At the hearing the hospital representative undertook to
provide the grievor (on awith°ut prejudice basis) an appropriate
"original" medical form to enable his request for a return t° his
position to be realised. It is anticipated that the grievor would
then arrange for an appropriate medical assessment necessary to
satisfy the employer of his fitness to return to w6rk.
In that light these proceedings were'adjourned sine die to
2
enable the foregoing task to be completed.
The Board remained seized of all matters related to this
grievance including the issue of remedy.
Dated this 2nd day of January, 1996. , f
David H. Kates Vice-Chairperson