HomeMy WebLinkAbout2004-3890.Mustari et al.08-04-07 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2004-3890
UNION# 2005-0517-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mustari et al.)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Janice Johnston
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYER Felix Lau
Counsel
Ministry of Government and Consumer
Services
HEARING
April 3, 2008.
2
Decision
The grievors in this case are claiming that the Ministry has violated the Human Rights
Code and the collective agreement in the manner in which it dealt with and responded to a
lawsuit initiated by an inmate, Marc Mugenzi. The grievors allege that the Ministry
inappropriately disclosed their names and addresses to the inmate. In addition, they assert that
the Ministry failed to provide them with legal representation in a claim arising out of the
workplace when they were performing their duties, in accordance with the collective agreement
and the policy pertaining to the reimbursement of legal expenses.
By decision dated October 29, 2007 I directed the Ministry to produce various documents
to the union. Included in this order were documents in the possession of the law firm Blaney
McMurtry. Blaney McMurtry are refusing to provide these documents to the Ministry and are
asserting that they are privileged.
Counsel for the Ministry is hereby directed to attend at the offices of Blaney McMurtry
and in the presence of the appropriate individual review the documents for which privilege is
claimed. If privilege is claimed for documents that are arguably relevant to the proceedings
before me and Ministry counsel is not absolutely certain that the document would be found by
me to be privileged, he is to prepare a list of all such documents and obtain a copy of them.
However, if Ministry counsel is satisfied that a document is in fact privileged, for example,
correspondence between the firm and its client, then he need not list these documents.
3
As this case will be proceeding on May 14, 2008 counsel for the Ministry is to provide
the above noted list of documents to counsel for the union on or before May 12, 2008.
th
Dated in Toronto this 7 day of April, 2008
Janice Johnston, Vice-Chair