HomeMy WebLinkAbout2007-2354.Wilson.08-11-5 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#2007-2354
UNION#2007-0440-0047
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Wilson)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Loretta Mikus
FOR THE UNION
Jennifer Fehr
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Brian Loewen
Counsel
Ministry of Government Services
HEARING
October 27, 2008.
2
Decision
[1]This award is being issued in accordance with Article 22.16 ? MEDIATION/
ARBITRATION PROCEDURE. The parties are agreed that, due to matters arising
from his personal situation and from his most recent transfer from St. Lawrence
Treatment Centre to the Brockville Jail, the grievor was experiencing extreme stress
and was away from work from December 6, 2006 until September 24, 2007. During
that time he had several meetings with various representatives of the Employer and
his Union Representatives with respect to his wish to return to the St. Lawrence
Centre.
[2]No promises were given with respect to a job at the St. Lawrence Centre, however,
and the grievor did not formally make a request for accommodation during this time.
When it became clear that no position would be available for him, the grievor voiced
his request for the St. Lawrence Centre as a need rather than a preference and advised
the employer he could not return to the Brockville Jail for health reasons.
[3]The employer asked for a medical note to verify his condition and he provided a note
dated January 10, 2007 from his Nurse Practitioner stating that the grievor had been
off work since November 24, 2006 for medical reasons and would remain off work
until his employment status had been resolved. The employer did not ask for any
further documentation and the grievor remained off work until June, 2007 when his
short term sick leave benefits expired. He called the employer on June 28, 2007,
spoke to Brian Patterson and made a formal request for accommodation. A meeting
th
was held on July 12
and the grievor gave the employer a note from his Nurse
Practitioner dated July 5, 2007 stating that he was ready to return to work at the St.
th
Lawrence site. The employer wanted a more detailed report and the July 5
report
note was replaced by one dated July 30, 2007 clearly stating his restrictions. The
employer sought and received another medical note dated September 10, 2007
affirming and expanding on the previous letter. Without conceding that it had an
obligation to do so, the employer did consider the grievor?s request and he returned to
work at the St. Lawrence Treatment Centre in late September but was paid as of
September 10, 2007.
[4]Based on the facts before me and the submissions of the parties, I find the employer
was not aware of the grievor?s request for accommodation until, at the earliest, June
28, 2007. The Employer was not formally given the medical information it needed to
determine the need, if any, for accommodation and/or whether any restrictions that
would apply. The Employer could not be found to have failed to accommodate the
grievor before that date.
[5]For the reasons set out above the grievance is dismissed.
th
day of November, 2008
Dated at Toronto this 5
Loretta Mikus, Vice-Chair