HomeMy WebLinkAbout2016-1173.Jouri.18-02-21 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
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# 2016-1173
UNION# 2016-0376-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Jouri) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE UNION Andrew Mindszenthy
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Angela Wiggins
Crawford Chondon & Partners LLP
Counsel
HEARING DATE February 16, 2018
- 2 -
PRELIMINARY DECISION
[1] The Board is seized of a grievance dated July 5, 2016, filed by Ms. Merna Jouri,
a casual Customer Service Representative. The grievance reads:
Statement of Grievance:
I grieve I have been dismissed without just cause. Violation of article 28.7.1.
I also grieve that management is in violation of article 2.1, discrimination,
article 3.1 and the Ontario Human Rights Code
Settlement Desired:
- Damages to be made whole and any remedies deemed by the
arbitrator.
- Cease and desist all discrimination, harassment.
- Reinstatement to my former position.
- To be accommodated.
- Reimbursement for all lost wages, benefits, seniority with interest.
[2] When the grievance came before me for arbitration, the parties informed that
before the hearing could commence they need direction on two issues. The first
related to particulars and production, and the second about the order of
proceeding.
[3] Following discussion between counsel and the arbitrator, the parties came to an
agreement on both issues. The parties jointly requested that the agreed upon
terms be issued as Board orders.
[4] Accordingly the Board hereby orders as follows:
PARTICULARS AND PRODUCTION
(A) The union is directed to seek as soon as reasonably possible, medical
information relating to the grievor’s disability from the medical practitioners listed
below. The resulting communications between the union and the medical
practitioners, as well as the clinical records of each of the medical practitioners
relating to the grievor’s disability in the period 2015 to the present, shall be
produced to employer counsel at the earliest opportunity.
- 3 -
List of Medical Practitioners:
Dr. Karuna Gupta
Dr. Kenneth Pace
Dr. Andre Charest
Dr. David Naimark
Dr. Michelle Hladunewich
(B) Each party is directed to share with the other, any information including
documents, it intends to rely on at arbitration and/or, are arguably relevant to the
issues in the grievance.
(C) The exchange of production directed shall be completed no later than Friday
March 2, 2018.
(D) The Union is directed to provide to the employer full particulars relating to
its allegations and claims in the grievance no later than Friday March 2, 2018.
(E) If the employer has any additional particulars, such shall be provided to the
union no later than Tuesday March 6, 2018.
(F) The timelines relating to particularization and production directed herein
may be extended if mutually agreed to between the parties.
ORDER OF PROCEEDING
It is hereby directed that the hearing will proceed in the following order:
(A) The employer will proceed with its evidence in chief on the issue of the
grievor’s absenteeism.
(B) The union shall then respond with its evidence on the absenteeism issue,
and also adduce its evidence in chief on the issue of the employer’s duty to
accommodate the grievor.
(C) The employer shall next call reply evidence, if any, on absenteeism, and
also call its evidence in response on the issue of the duty to accommodate the
grievor.
(D) The union will call reply evidence, if any, on the issue of the employer’s duty
to accommodate the grievor.
- 4 -
(E) Unless otherwise agreed to between the parties, or directed by the Board,
submissions will be made in the same order as the calling of evidence directed
above.
[5] The hearing will continue before the hearing could commence on the dates
scheduled. The Board remains seized with jurisdiction.
Dated at Toronto, Ontario this 21st day of February 2018.
“Nimal Dissanayake”
_______________________
Nimal Dissanayake, Arbitrator