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HomeMy WebLinkAbout2012-1763.Khan.15-09-14 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 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#2012-1763, 2013-2404 UNION#2012-0526-0018, 2013-0526-0078 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Khan) Union - and - The Crown in Right of Ontario (Ministry of Attorney General) Employer BEFORE Barry B. Fisher Vice-Chair FOR THE UNION Robin Lostracco Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Kevin Dorgan Treasury Board Secretariat Legal Services Branch Counsel HEARING September 9, 2015 - 2 - Decision The following order is issued with respect to how this case will proceed. [1] The Union will provide the Employer with full particulars of all allegations of discrimination, harassment and health and safety breaches that it intends to rely upon at the hearing. This is to be delivered by November 10th, 2015. [2] The parties will exchange copies of all relevant documents by December 15, 2015. [3] As the Grievor is relying in part on his medical condition to claim damages in this grievance, the Employer is entitled to full access to the relevant medical records regarding this matter. My preliminary understanding is that the Grievor sought medical treatment both from his family doctor as well as a psychiatrist in the relevant period. The Grievor is therefore ordered to sign the necessary consents to allow both the Union and the Employer access to the notes and records of the treating physicians and other relevant medical personnel. If the Grievor refuses to provide such consents, then I will not consider this aspect of his claim. [4] The hearings dates are as follows: February 1, 3, 9 and 11, 2016. [5] The Grievor has already been granted a number of adjournments for various reasons, therefore these dates are preemptory to the Union. I urge the Grievor to arrange his personal affairs, including his upcoming educational LOA, so as not to conflict with these dates. If he fails to attend at any of these dates without a proper excuse, the case will simply proceed in his absence. Dated at Toronto, Ontario this 14th day of September 2015. Barry B. Fisher, Vice-Chair