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Home My WebLink About1990-0910.Isaac.93-06-16 , w.. .' ' , ,. ONTAAtO EMPLOYÉS DE LA COURONNE -¡;\, ;¡ '" ",,' CROWN EMPLOYEES DEL'ONTARIO ~ GRIEVANCE COMMISSION DE II II SETTLEMENT , ~ REGLEMENT , ,c" BOARD DES GRIEFS ( ; 180 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO. M5G lZ8 TELEPHONEJTELÉPHONE: (416) 326-/388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ONTARIO), M5G IZ8 FACSIMJLEITÉLÉCOPIE: (416) 326- 1396 910/90 IN~HE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD 'BETWEEN OPSEU (Isaac) Grievor - and - The Crown in Right of Ontario (Ministry of Government Services) ! Employer BEFORE: M. Gorsky' , Vice-Chairperson M. Lyons Member F. Collict Member, FOR THE I. Roland GRIEVOR Counsel Gowling, strathy &" Henderson Barristers & ,Solicitors FOR THE B. Humphrey EMPLOYER Counsel stringer, Brisbin, Humhrey 'Barristers & Solicitors ¡ , . .. 't. 910/90 BOARD ORDER Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board. DATED at Toronto, this 16th day of June 1993. t7r2'~'~r M. Gorsky, Vice-Chairperson ~f2 . , /c: . u/ Lyons, ember 'f, 9~cf. I F. . t, Member I I I , I I . ;;! ,;. . ~ MBMORAJfDUM or SB~TLEM!.NT 8!TWEEl'I MAHAGBMBIIT BOARD StCRE'1'ARIAT (PORMERLY,MIHISTRY 0' GOVBRHMEHT SERVICES)· (hereinafter referred to as thè "Employer") UD AECE¡V~AR:O PUBLIC SERVICE EMPt.O,YEES UNION I (hereinafter referred to 8S "OPSEU") I , Jl :~l 0 ''''c'' ! lj!'( I & ¡':>}.) A!fD CROWN EMPLOYEES GRIEVANCE SETTLEMENT' BOARD JBSSICA ISAAC (hereinafter refElrred t.o sø t.he "Gt-ievor"). Re: Grievance of JeSsica Xsaac - GSB tOS10/90 The above-referenced Parties hereby agree to t~e settlement of the above-referenced matter on the following terms: 1. The Grievor shall provide current written medical verification of her fitness to return to work (including verification of her current compliance with any outstanding pharmacology obligations) within ,four weeks of the execution "of this.A..greenlent; 2. The Grievor shall provide current medical verification of her mental capacity'or competence to enter into this Agreement within four weeks ,of the execution of this Agreement; 3. The Employer agrees to,asèume responsibility for any costs associated with preparing the medical verifications referred to in points 1 and 2 that are not covered by OHIP; Ùn __ A /?) --- -- -~ - , .~ .~ I .4. The Grievor agrees to maintain compliance with any , pharrnaco logy requirements that ' are prescribed and'exist at any point in time; 5. The Employer shall have the right to ongoing monitoring of the , . Gri~vor' s medica.l ,and psychological condi tion¡ including the status of compliance with pharmacology requirements by the Grievor; I 6. The Grievor aqrees to execute the attached direction re: medical disclosure to enable the Employer to carry out the monitoring as outlined in point 5; I ì 7. The Employer agrees to reimburse the Grievor for any medical expenses incurred beyond OHIP coverages that are incurred in connectiqn with the monitoring required under point 5. , 8. The Employer agrees to the following:' 1- To allow the withdrawal of the Grievor's resianation; J - 2 . To the reinstatement of the Grievor to ~he 6tdCU6 of ar. employee who was on an unpaid leave of absence from the date of her resignation until the Grievor' B return to active employment in accordance with paragraph 8(3); 3. To return the Grievor to active employment effective June ! 1, 1993 to the position of collection Control Clerk in the General Services Branch. The Grievor's right to retain active employment will be SUbject to satisfactory compliance with all of the terms set out in this Agreement. 9. The Employer .agrees to forgive any outstanding debts owed by the Grievor in relation to pension and severance payments made in connection with the Grievor's resignation; JtlYlKø LI:I.··~·'-:J-! ~":' 1.;. , _"~' I..... _"~'_ . ,. ~ h _. , I . ,.: ... tr. '9a. The Grievor agrees that in the event that she received any additional funds from the pension plan she will execute the necessary' documents to return those funds to the pension plan as required by the plan. ¡ 10. The parties agree that the Grievor's statue from the date of . her resignation to June 1, 1993 was that of an-unpaid leave of , absence; 1l. The Employer shall have the right to terminate the Grievor for , non-compliance with pharmacology requirements; ¡ : 12. The Parties agree that the conditions of this Agreement relating to pharmacology compliance shall remain in effect as long ae pharmacology obligations continue to be required of the Grievor , ¡ by any attending physician; I , 13. The Parties request that this settlement be made an Order of the Board and that the Board retain jurisdiction, with respect to the implementation of this settlement. DATED Af TORONTO ,THIS 28th day of HA7, 1993 _ ,sJJI ) ¡ OPSEU' ,'7 , /AZ~ - .........- --- - MANAGEMENT OARJ) SEeRBT~IAT , (FORMERLY MINISTRY or GOVEaKMEHt SERVICES) ~./U'J.'4''(~ ~<'La<.~ ( 'ESSICA ISAAC - ,~. . ~ J" ( SCHEDULB "A II Oireetion: Re: Medical Dilcloøureto the Ministry' The Employee, Jessica Isaac herehy authorizes her attending physicians ( . - " - - ) I and such phýsician(B) hereby agree to provide the followíng information to her Employer: 1. To provide a monthly written report to the Employer addressing the following issuss: j i) whether' the COmpla.inant has consistently maintained ' . compliance with her pharmacology requirements; ii) whether there ' ,are any significant changes in such pharmacology requirements; " iii} whether any changes in the pharmacology requirements or the Employee's medical and psychiatric condition (as it relates to her psychiatric condition) in any way affect , her ability to perform her work. 9 . , , 't.J:2-(rXL ~~,4A' / Jessica Isaac I Attending Phyeiciana . I y;¡/ I