HomeMy WebLinkAbout2003-1951.Samuels.06-10-03 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
~
~--"
Ontario
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2003-1951
UNION# 2003-0533-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Samuels)
- and -
The Crown in Right of Ontario
(Ministry of Health and Long - Term Care)
Nimal V. Dissanayake
Kathleen Lawrence
Grievance Officer
Ontario Public Service Employees Union
Janet Myers
Employee Relations Consultant
Ministry of Health and Long Term Care
September 26, 2006.
Union
Employer
Vice-Chair
2
Decision
The grievor, Ms. Stephanie Samuels filed a grievance dated
March 10, 2003, which states:
The employer has failed to provide for my health and safety at the workplace and
failed to provide accommodation as requested by my family doctor in relation to my
medical condition.
The grievance came before the Board for mediation-arbitration on September 26, 2006.
At the time, the grievor expressed her opinion that she was dealt with unfairly in that her
supervisor ought to have accommodated her at an earlier point of time. She was also of the view
that the employer should have taken action against the supervisor for not doing so. However, the
material disclosed that the grievor was accommodated without delay once her request for
accommodation was medically substantiated. Furthermore, in resolving an appeal from a denial
of her application for Long Term Income Protection benefits, she had executed minutes which
included a term that she would not pursue any claim or action related to the factual
circumstances of her illness. She had also left the employ of the crown by taking her "80 Factor"
option.
In the circumstances, the unIon advised the Board that it had no dispute with the
employer arising out of the grievance.
3
Having considered the facts of the case and the union's concession of "no dispute", the
grievance is hereby dismissed.
Dated this 3rd day of October 2006 at Toronto, Ontario.