HomeMy WebLinkAbout2011-0165.Grievor.13-03-06 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#2011-0165, 2011-3707
UNION# 2010-0528-0037, 2011-0528-0023
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Grievor) Union
- and -
The Crown in Right of Ontario
(Ministry of Government Services) Employer
BEFORE Bram Herlich Vice-Chair
FOR THE UNION Chris Donovan
Dewart Gleason LLP
Barristers and Solicitors
FOR THE EMPLOYER Susan Munn
Ministry of Government Services
Labour Practice Group
Counsel
HEARING March 4, 2013.
- 2 -
Decision
Having regard to the submissions of the parties, I hereby direct as follows:
[1] The Union and the grievor are ordered to produce copies of the clinical notes and records that are
currently in their possession of Dr. R. L., Dr. G. A., Dr. B. T., and any other health practitioner
that has arguably relevant records as described in paragraph 2.
[2] The scope of this production order is limited to such documents that are arguably relevant to the
assessment and treatment of the Grievor with regard to his request for accommodation, and the
effect of the Employer’s actions on his mental health.
[3] The documents may be reviewed by Kent Schramm, Head of the Corporate Security Branch and
Justin O’Gorman, Employee Relations Advisor or their replacements, for the purposes of
providing the Employer’s lawyers with instructions.
[4] The documents may also be reviewed by any medical expert retained by the Employer to provide
any opinion to the Employer for the purposes of this hearing.
[5] The documents are to be used solely for the purposes of these proceedings.
[6] Counsel for the Employer may retain one copy of any of the documents entered as exhibits in
these proceedings. Such copy is to be retained securely in the litigation file.
Dated at Toronto this 6th day of March 2013.
Bram Herlich, Vice-Chair