HomeMy WebLinkAbout2016-0473 et al.Di Matteo.18-06-04 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#2016-0473, 2016-1897, 2016-2205, 2017-0263, 2017-0264
UNION# 2016-0504-0007; 2016-0504-0008;
2016-0504-0010; 2017-0504-0001; 2017-0504-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Di Matteo) Union
- and -
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care) Employer
BEFORE Felicity D. Briggs Arbitrator
FOR THE UNION Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Henry Huang
Treasury Board Secretariat
Legal Services Branch
Counsel
TELECONFERENCE May 24 and May 30, 2018
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Decision
[1] Ms. Lilianna Di Matteo has filed a number of grievances that allege, amongst other
things, harassment and unjust dismissal. Shortly before our first day of hearing the
grievor requested that she be allowed to attend the hearing by way of
teleconference. In this regard she provided a note from her physician that stated
she was unable to attend our April 24, 2018, hearing date due to “medical reasons.”
[2] Although the Employer agreed on a without prejudice basis to have the grievor
attend the first day of hearing by way of teleconference, it raised a motion at the
conclusion of opening statements that any such arrangement be disallowed in the
future.
[3] In an effort to determine this matter, this Board requested further medical
information. On May 15, 2018, a decision was issued ordering the Union and the
grievor to provide further medical information in this regard.
[4] On May 22, 2018, Mr. Hannigan provided to Mr. Huang and the Board an electronic
copy of a note from the grievor’s family physician. The note stated, “The above
needed to attend the proceedings via teleconferencing on 24/4/18 due to medical
illness. This non-attendance is meant to continue beyond April 24/18 due to her
anxieties and unable to speak in front of people. These restrictions are indefinite.”
[5] A conference call was then arranged to allow counsel to make any further
comments regarding the grievor’s request to attend the hearing via tele-
conference. The Employer’s view had not changed after reviewing the requested
medical note. It was of the view that – given the nature of the issues in dispute in
these proceedings – the grievor should be ordered to attend in person. The Union
urged that the grievor be accommodated as set out by her physician.
[6] On May 30, 2018, the Board convened a teleconference and provided an oral
ruling. As promised this is a short written decision setting out the ruling.
[7] After much consideration I am prepared to grant the grievor’s request to attend the
hearing via teleconference. While I fully understand the Employer’s concerns
regarding a full and fair hearing for all, the grievor has provided medical
documentation establishing a sufficient medical need for accommodation by way
of her attending the hearing via teleconference.
[8] During the teleconference with the parties, discussion took place to ensure – to the
extent possible – that the grievor has all of the documents in her possession that
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will be touched upon in this matter so that the hearing can proceed without undue
delays.
[9] Notwithstanding my finding at this time, it may happen that this decision will need
to be revisited given the complicated issues in this matter.
[10] Finally, I note that the grievor has provided a will-say statement for her evidence
in chief. She will almost immediately be cross examined which may cause some
anxiety. While it is more difficult to monitor the grievor’s response in this regard,
effort will be made to ensure ability to continue.
Dated at Toronto, Ontario this 4th day of June, 2018.
“Felicity D. Briggs”
Felicity D. Briggs, Arbitrator