HomeMy WebLinkAbout2023-00889.Folami.23-11-10 Decision
Crown 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# 2023-00889; 2023-00890
UNION# 22-09; 23-17
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Canadian Union of Public Employees - Local 1750
(Folami) Union
- and -
The Crown in Right of Ontario
(Workplace Safety and Insurance Board) Employer
BEFORE Kim Bernhardt Arbitrator
FOR THE UNION Ryan Culpepper
Canadian Union of Public Employees -
Local 1750
National Representative
FOR THE EMPLOYER Jozef Hadlaw-Murray
Shields O’Donnell MacKillop LLP
Counsel
HEARING November 8, 2023
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Decision
After discussions with the parties the following orders are made to advance this
proceeding:
[1] By Friday, November 10, 2023, the Employer is to provide the Union (attention to
John Wilson, National Representative):
• A consent form for Ms. Folami to sign and provide to all her medical
provider’s outlining that they are to provide their complete medical files
regarding Ms. Folami for the period starting January 1, 2022 to the present
by January 12, 2024. The form is to outline the purpose of the request,
and the confidentiality protocols to protect the information. The consent
form will direct the medical providers to forward their files directly to Union
and to Mr. Hadlaw-Murray, the Employer’s legal counsel.
[2] The Employer has confirmed that they are prepared to provide Ms. Folami with a
letter confirming her employment dates, position, and key duties. The Employer
will provide the letter to the Union no later than Friday, November 17, 2023.
[3] By Friday, December 8, 2023 the Employer is to produce the following to the
Union:
• The current and complete copy of Ms. Folami’s human resources file;
• A copy of the 2023 incident report when Ms. Folami experienced a panic
attack at the workplace, should this report not be included in her human
resources file.
[4] The Employer is also to confirm to the Union, by Friday, December 8, 2023, Ms.
Folami’s reporting relationship for the period prior to her leaving the workplace in
2023.
[5] By Friday, December 8, 2023 Ms. Folami is to provide Mr. Hadlaw-Murray and Mr.
Wilson with a copy of her signed consent form (provided by Mr. Hadlaw- Murray,
as outlined in paragraph 1) and proof that she has sent the form to all of her
medical providers (such as any emails sent with the form attached, or signed
courier slips indicating that the form was delivered and who signed for the receipt
of the form). Should Ms. Folami not sign, send, or produce the proof that the form
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has been signed and sent to her medical providers by deadline, the grievances will
have to be withdrawn as they cannot proceed without the necessary medical
evidence.
[6] If the medical provider/s have not sent their medical records by January 12, 2024,
having received Ms. Folami’s signed consent form, the Employer’s and/or Union’s
representatives can contact the (undersigned) arbitrator to subpoena the medical
records from any non-compliant medical provider/s.
[7] By Friday, November 10, 2023 the Union is to send confirmation to the Employer
that the February 6, 2023 “Wellness grievance” #23-11 has been formally
withdrawn from the GSB’s files.
[8] Should the medical records be received as directed and this matter continues, the
Employer requests that the Union send them particulars regarding the two failure
to accommodate grievances (of February 18, 2022 #22-09 and May 19, 2023 #23-
17), as well as documents regarding Ms. Folami’s mitigation efforts.
Dated at Toronto, Ontario this 10th day of November 2023.
“Kim Bernhardt”
Kim Bernhardt, Arbitrator