HomeMy WebLinkAbout2022-12101.Adams.24-01-30 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# 2022-12101
UNION# 2022-4100-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Adams) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Kevin Banks Arbitrator
FOR THE UNION Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Mackenzie Anderson
Liquor Control Board of Ontario
Counsel
HEARING January 29, 2024
-2 -
Decision
[1] Having heard the representations of the parties, and having accepted their request
that this decision shall be without precedent and without prejudice to any future
grievances arising under the Collective Agreement between the parties, I hereby
determine this matter as follows.
[2] This matter concerns an individual grievance arising out of the Grievor not being
scheduled for a premium shift on November 11, 2022.
[3] The Grievor is a casual customer service representative at the LCBO’s Store 540. On
or around March 8, 2021, the Grievor submitted medical documentation indicating she
could not work past 4pm.
[4] On November 11, 2022, Store 540 set a 12-5pm shift. The Grievor was not scheduled
that day.
[5] The Grievor alleges that the Employer discriminated against and failed to
accommodate her, by not offering her a modified 11-4pm shift on November 11, 2022.
[6] The Employer is hereby reminded of its responsibilities and obligations under the
Collective Agreement and Human Rights Code with respect to the duty to
accommodate.
Dated at Toronto, Ontario this 30th day of January 2024.
“Kevin Banks”
Kevin Banks, Arbitrator