HomeMy WebLinkAbout2022-12165.Kwong.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# 2022-12165
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Association of Management, Administrative and
Professional Crown Employees of Ontario
(Kwong) Association
- and -
The Crown in Right of Ontario
(Treasury Board Secretariat) Employer
BEFORE Brian McLean Arbitrator
FOR THE
ASSOCIATION
Nadine Blum
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER Julia Evans
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING January 25, 2024
- 2 -
Decision
[1] This is a grievance filed by the Association against the Employer regarding Hing
Allen Kwong (the “Grievor”). The Board held a hearing regarding this grievance on
January 25, 2024. At the hearing witnesses were questioned about documents
regarding the Grievor which are in their possession and control. A representative/
owner of XR Wellness indicated that her Company had such documents but was
unwilling to produce them without an Order from the Grievance Settlement Board.
Accordingly, the Board hereby Orders XR Wellness to, within 14 days of the date
of this decision, produce to counsel for the Employer:
any and all documentation under its care and control, with respect to any
and all treatments provided by any and all practitioners at XR Wellness to
Hing (Allen) Kwong/Hing Lun Allen Kwong (DOB as in the summons)
and/or Stella Shum (DOB as in the summons) between July 1, 2015 and
February 28, 2019 including, but not limited to appointment scheduling
records; records indicating type of treatment; treatment providers;
treatment records; invoicing and payment records; and receipts for
treatment.
[2] I remain seized of this matter.
Dated at Toronto, Ontario this 30th day of January 2024.
“Brian McLean”
Brian McLean, Arbitrator