HomeMy WebLinkAbout2011-2859.GAM.19-05-08 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#2011-2859; 2011-2860; 2011-2861
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
The Association of Management, Administrative and Professional
Crown Employees of Ontario
(GAM)
Association
- and –
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care) Employer
BEFORE Bram Herlich Arbitrator
FOR THE
ASSOCIATION
Kelly Doctor
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER Caroline Cohen
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING May 7, 2019
Decision
[1] Hearing in this matter is currently scheduled to resume on May 13, 2019.
[2] The union has requested that, on the basis of material already on file, the
complainant be permitted to testify via videoconference. In the alternative, it
requests that the hearing scheduled for May 13, 2019 be adjourned so as to
permit further medical documentation to be filed.
[3] On the basis of the materials currently on file, I am not persuaded that the
complainant ought to be permitted to, contrary to the usual practice in these
matters, testify via videoconference.
[4] With respect to the request for an adjournment of the next day of hearing, a copy
of a letter prepared by counsel, dated January 29, 2019, and addressed to Dr.
G.A. Delaney was filed. Counsel advised that the complainant advised that the
said letter was sent to the doctor by the complainant on February 1, 2019.
Counsel further advised that the complainant has advised that, to date, there has
yet to be any written reply from Dr. Delaney. Hence, the request for an
adjournment to facilitate the production and receipt of a written medical report.
[5] In the circumstances, I am persuaded that a brief adjournment is appropriate to
give the complainant one final opportunity to produce medical evidence in
support of her claimed inability to testify in person.
[6] Any medical evidence upon which the complainant intends to rely shall be
provided to the employer not later than June 18, 2019.
[7] In the event that the question of whether the complainant ought to be permitted
to testify by videoconference remains in dispute between the parties, a
teleconference will be held on July 11, 2019 at 4PM to deal with that issue.
[8] The hearing scheduled for May 13, 2019 is adjourned. The hearing will resume
on July 24, 2019.
Dated at Toronto, Ontario this 8th day of May, 2019.
“Bram Herlich”
Bram Herlich, Arbitrator