HomeMy WebLinkAbout2012-3523.Winter et al.15-01-20 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
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Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2012-3523, 2012-3524, 2012-3525, 2012-3526, 2012-3527, 2012-3528, 2012-3529,
2012-3530,2012-3531, 2012-3532, 2012-3533, 2012-3534, 2012-3536
UNION#2012-0102-0060, 2012-0102-0061, 2012-0102-0062, 2012-0102-0063,
2012-0102-0064, 2012-0102-0065, 2012-0102-0066, 2012-0102-0067, 2012-0102-0068,
2012-0102-0069, 2012-0102-0070, 2012-0102-0071, 2012-0102-0072, 2012-0102-0073
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Winter) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Randi Abramsky Vice-Chair
FOR THE UNION Sheila Riddell
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Benjamin Parry
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 16, 2015
- 2 -
Decision
Re Ability of Grievor to Participate in the Hearing
[1] The Employer has raised an issue concerning the ability of the Grievor to participate in
the hearing in this matter.
[2] To that end, counsel for the Union contacted the Grievor’s doctor, and in a letter dated
November 29, 2014, the doctor “strongly recommended” that the Grievor not be subject
to any “face to face meeting[s]” with the Grievor’s “managers /staff.”
[3] There are fourteen grievances filed by the Grievor before the Board, which raise claims
of harassment, discrimination and violation of the Grievor’s health and safety. Also at
issue will be a number of harassment complaints that have been made against the
Grievor. It is anticipated that the Grievor will be on the witness stand (in examination-in-
chief and cross-examination) for many days.
[4] I find the doctor’s letter to be insufficient. It is unclear whether the Grievor is capable of
testifying in this matter (including examination-in-chief, cross-examination and re-
examination) about the various claims and unclear as to which “managers/staff” it is
recommended not be in any face to face meetings with her. This assessment is important
for the Board to determine whether this hearing should go forward or be adjourned sine
die until the Grievor is fully able to present her case, and what, if any, accommodations
may be required.
[5] Consequently, counsel for the Union is ordered to obtain clarification from the Grievor’s
doctor as to the following, by close of business on Jan. 30, 2015, if possible:
A) Is the Grievor able to fully participate in the hearing in this matter, which is
anticipated to require her to spend numerous days on the witness stand on claims
lodged by and against her?
B) To identify the “managers/staff” that the doctor is “strongly recommending” that she
not have “face to face meeting[s]” with, and to clarify what is meant by face to face
meetings (i.e., does it include incidental, hallway contact?
C) If the Grievor is unable to fully participate in the hearing, what, if any,
accommodations would you recommend as necessary to allow her to do so?
[6] The date of Jan. 30, 2015 is set out above in order to enable the parties be able to utilize
the hearing date of Feb. 5, 2015, which has been previously scheduled.
Dated at Toronto this 20th day of January 2015
Randi Abramsky, Vice-Chair