HomeMy WebLinkAbout2018-1524.Bernardo.23-02-15 DecisionCrown Employees
Grievance
Settlement Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2018-1524; 2018-2933; 2018-3523; 2018-3524; 2018-3525
UNION# 2018-0601-0005; 2018-0601-0007; 2019-0601-0001;
2019-0601-0002; 2019-0601-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bernardo) Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE UNION Robert Healey
Ryder Wright Holmes Bryden Nam
LLP
Counsel
FOR THE EMPLOYER Katherine Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING February 9, 2023
- 2 -
Decision
[1] The Board is seized with five grievances filed by Mr. Jason Bernardo, who was
employed as a Recreation Officer at the Donald Doucette Youth Centre. This included
grievances filed in 2018 that the employer failed to accommodate him.
[2] At the hearing on February 09, 2023, the Board dealt with a number of case
management issues, including the appropriate scope of production of medical records
the employer was entitled to. The parties made representations on that issue.
[3] I have considered the employer’s position that it needed the grievor’s complete medical
record in order to properly present its case and the grievor’s concern about broad
disclosure of his personal and confidential health information. Both are legitimate
positions. In balancing those competing interests of the respective parties, I order as
follows:
(a) The union is ordered to produce to the employer, as soon as possible, all medical
records that in its view substantiate medical/health restrictions he was under at
the time the grievor sought accommodation in 2018. This would include any and
all medical notes and letters, clinical notes of the grievor’s doctors, as well as other
medical health professionals, that relate to the accommodation .
(b) The employer will have the right to seek orders from the Board for production by
the union of further and/or more fulsome medical documentation, upon receipt of
full particulars from the union, and relating to issues that may come up from the
evidence, viva voce or documentary, tendered at the hearing.
[4] This proceeding will continue as scheduled by the Registrar. I remain seized.
Dated at Toronto, Ontario this 15th day of February 2023.
“Nimal Dissanayake”
_________________________
Nimal Dissanayake, Arbitrator