HomeMy WebLinkAbout2005-3282.Wilson.07-02-12 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Nj
~
Ontario
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB#2005-3282
UNION# OLB008/06
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
(Wilson)
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Nimal Dissanayake
Jackie Crawford
Counsel
Ontario Public Service Employees Union
Gordon Fitzgerald
Counsel
Ontario Liquor Control Board of Ontario
February 8, 2007
Union
Employer
Vice-Chair
2
Decision
The Board is seised with the discharge grievance of Paul Wilson ("the Grievor"). His
employment was terminated for reasons set out in the letter of termination dated January 10,
2006.
Having heard the submissions of counsel and reviewing the medical documentation presented, I
order that the Grievor be reinstated pursuant to the following terms:
1. The Grievor will be reinstated to a store of the Employer's choice within District 22. The
Grievor will return to work within two weeks of the date upon which he provides the Employer
with the consent referred to in paragraph 4 below.
2. The period of time between January 10,2006 and the date of the Grievor's return to work
shall be treated as a suspension without pay for the conduct described in the letter of termination.
3. In order that the Grievor continue to not constitute a danger to any other persons he will
continue to seek what ever treatment is recommended by Dr. Hill or Dr. Hill's designate for the
medical conditions described in the letter from Dr. Hill to Yolanda Watson dated January 23,
2007.
4. The Grievor will sign a consent permitting the Employer to, at its discretion, confirm that
the Grievor is complying with the recommended treatment for the medical conditions described
in the letter from Dr. Hill to Yolanda Watson dated January 23, 2007 and to confirm that the
Grievor does not, in the opinion of Dr. Hill or Dr. Hill's designate, constitute a danger to any
other persons.
5. The Grievor shall be assessed the specific penalty of discharge if the Grievor:
. fails to fully comply with the medical treatment recommended by Dr. Hill or
Dr. Hill's designate for the medical conditions described in the letter from Dr.
Hill to Yolanda Watson dated January 23, 2007, or
. becomes a danger to any other persons as determined by Dr. Hill or Dr. Hill's
designate, or
. commits any act of violence or intimidation against, or threatens the safety of,
any other LCBO employee, customer or other third party.
6. If the Grievor is assessed the specific penalty of discharge pursuant to this award an
arbitrator will only have jurisdiction to assess whether the Grievor has conducted himself so as to
bring himself within this award and shall not have the jurisdiction to substitute a penalty,
notwithstanding any provision of the Labour Relations Act, 1995.
Dated at Toronto, this 13th day of February, 2007.
Nimal Dissanayake, Vice-Chair