HomeMy WebLinkAbout1987-1479.Krishnamurthy.88-12-21COMMISSION DE
REGLEMENT
DES GRIEFS
Between:
Grievor
IN TNR IIATTBR OF AN ARBITRATION
Under
TBE CROWN ERPLOYRRS COLLECTIVE BARGAINING ACT
Before
TBiI GRIRVANCR SBTTLMRNT BOARD
OPSEU (S. Krishnamurthy)
- and -
The Crown in Right of Ontario
(Ministry of Government Services 1
Employer
E. Ratushny - Vice-Chairperson
I. Freedman - Member
G. Peckham - Hember
APPKARIUG FOR N. llubv’ _---~~~-.-
TBE GRIRVOR: counrel Gowling L Henderson
Barristers L Solicitor8
APPEARING POR L. McIntosh
TBE ERPLOYER: Law Officer crown Law Office Civil
Ministry of the Attorney General
On March 25, 1988, the Board rendered a decision in this
matter which included the following passage:
We are of the view that reinstatement should be accompanied by stringent conditions to ensure reasonable regular attendance... We expect that the parties will be able to agree upon the appropriate conditions but will remain seized of this matter in the event that agreement cannot be reached. (~3.17)
We were informed recently that the. parties have reached a
settlement regarding such reinstatement conditions.
A "Memorandum of Settlement" outlining these conditions
is attached and now constitute an order of the Board.
Dated at Ottawa, Ontario this 14th day of ~prii 1989 .,
/ G. Peckham, ttember
G.S.B. File No. l.l79:@7
IN TnE MATTER OF A GRiEVZuUCZ
BEFORE
THE CROWN EMPLOYEES GRIEVANCE SETTLEMENT BOARD
B E T-W E E N:
OPSEii (S. Krishnamurthy)
Grievor
- and -
THE CRCWN IN RIG%T OF ONTARIC (Ministry of Government Services)
Employer
MEMCRANNDIJM OF SETZLEXENT
The parties hereto hereby agree to the full and
final setzlement, on a without prejudice~and withcut
precedent basis, of the Grievance herein UQCX the folkwi?.~
term :
1. The Dqloyer agrees to reinstare Mr. Krishnarzurrhy
to the regular staff of the classified.service in
-
- 2 -
his previous position within the Realty Group,
without back pay or benefits, but with no loss of
seniority effective March 20, 1988.
2. Mr. Krishnamurthy agrees to medicate with antibuse
or temposil daily or winh other medication as
prescribed, under the supervision of Employee
Health Services fcr a period of 2 years from the
date of his reinstatemer.t .
3. Mr. Krishnamurthy agrees to submit at the request
of the Empioyer to full medical examination by
Employee Health Services at not less than at 6
month intervals for a period of 2 years from the
date.cf his reinstatement.
4. Mr: Krishnamurzhy agrees to authc:ise in wrirlng
the r&ease cf meCca1 re?orzs of any examinations
to the Erp:loyer,
- 3 -
5. Mr. Xrishnamurthy agrees to provide a medical
certificate, if requested to do so by the
Employer, for eve-y absence due to illness for a
pericd of 2 years from the date of his
rexstatemezt. Such certificates shall be,provided
within five working days following return to work.
6. Mr. Krishnamurthy agrees that his absences vii1
not exceed the Ministry average for absence in any
year for a period of 2 years f:om the date of his
rein5xatemer.t.
7. For the purposes of pararaph 6, the parties agree
that what is intended by “absences”, . is
intermittent absences of up to a few days or
recurring absences of a longer duration for any
cause or any single absence of any duration
related to t5e consumption of aicohol, inclutizg
- 4 -
0.
but net limited to, for example, a period of
$dmission to an alcohol rehabilitation c?inic.
The parties agree that paragraph 6 is not intended
to cover an absenc.e due to a major unforseen
illness, unrelated. to alc=;?oi csnsxiption,
including, bxt not limited tz. 52: exrm;:le.
injuries resiulting from a car accident or a broker.
1PZ re.si?ltil?; frw! a fail.
The parties agree TV an order of tke Ward i?. the
above terms and.conditions, with the provisicn
thar any breach of any term or cznditicn of this
MemorandQUn of Settlement is just cause for tke
dismissal of Nr. Krishnamurthy.
For tne.Trown'i?. Yig?,~ of O?.tirlo (Ministr? cf Gsver2mer.t Services)