HomeMy WebLinkAbout2007-3507.MacLeod.08-10-17 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
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Fa
2007-3507
GSB#
2007-0164-0028
UNION#
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(MacLeod)
Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
BEFOREVice-Chair
Michael V. Watters
FOR THE UNION
Ron Lebi
Counsel
Koskie Minsky LLP
Barristers and Solicitors
FOR THE EMPLOYER Gordon Fitzgerald
Counsel
Liquor Control Board of Ontario
HEARING June 18, August 6, and September 12, 2008.
Decision
[1] This proceeding arises from the Employer's decision to terminate the grievor's
employment as a consequence of an allegation that he threatened a fellow
employee, namely Mr. Tim Goulden, on November 8, 2007.
[2] Hearings were held in this matter of June 18, August 6 and September 12,
2008 in London, Ontario. At the conclusion of closing argument on the last day of
hearings, both counsel agreed that, if possible, this Vice-Chair should provide a
bottom line decision on the grievance with detailed written reasons to follow.
[3] I have now had the full opportunity to review and consider the evidence,
argument and authorities presented and relied on by the parties to this dispute.
Having done so, my Decision is as follows:
(i) The grievor engaged in threatening and intimidating behavior with
respect to Mr. Goulden on November 8, 2007. This misconduct
justified a significant disciplinary response on the part of the Employer.
(ii) Nevertheless, the grievor?s to be reinstated to his former position within
five (5) working days of this Decision without compensation but with no
loss of seniority. The time period between the grievor's termination of
employment to the date of reinstatement shall be considered as an
unpaid suspension.
(iii) The grievor's reinstatement is conditional upon his proof of continued
treatment by his psychiatrist. Such proof to be provided in writing, on a
monthly basis, to the Director of the London Retail Service Centre until
such time as the grievor's psychiatrist determines that he no longer
requires further treatment.
(iv) The grievor's reinstatement is further conditional upon proof that he
has availed himself of all appropriate resources offered under the
Employee Assistance Program in respect of anger management
issues. Such proof to be provided in writing, on a monthly basis, to the
Director of the London Retail Service Centre until such time as the
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treating professional determines that the grievor no longer requires
further assistance.
(v) The grievor will be automatically terminated, without the ability to
grieve or otherwise challenge his termination, if the terms set out in
paragraphs (iii) and (iv) are not met.
(vi) The grievor's reinstatement is further conditional upon the grievor not
engaging in or participating in harassment, discrimination, intimidation,
physical assault, or any other conduct prohibited by the Workplace
Intimidation And Violence Prevention Policy. If the grievor engages in
any of the aforementioned misconduct, he will be automatically
terminated without the ability to grieve or otherwise challenge his
termination, except to dispute the facts upon which the termination was
made. The grievor is also entitled to challenge whether or not the facts
constituted harassment, discrimination, intimidation, physical assault,
or contravention of the Workplace Intimidation And Violence
Prevention Policy. This condition shall remain in effect for a period of
two (2) years from the date of this Decision.
(vii) This Decision is intended as the last and final opportunity for the
grievor to address and remedy his issues with anger management, or
any other problem, which adversely impacts his ability to properly
interact with his fellow employees or with management of the London
Retail Service Centre.
[4] I remain seized with respect to the implementation of this Decision. Written
reasons will follow in due course.
th
Dated at Toronto, this 17 day of October 2008.
______________________________
M.V. Watters
Vice-Chair
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