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HomeMy WebLinkAbout1991-1392.Oltman.96-01-02 ONTARtO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO GRIEVANCE COMMISSION DE SETTLEMENT R~=GLEMENT BOARD DES GRIEFS 180DUNDAS$~E~WES~S~21~ mRONTO ON MSG1~ TELEPHONE/T~PHONE: ~1~3~-13~ 1~ RUEDUNDASOUES~BUR~U21~ TORO~O(ON)M5GI~ ~CSIMI~/T~L~COPtE: ~1~6-1396 GSB '# 1392/91 OPSEU # 91D774 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN -. OPSEU (Oltmann) Grievor - and - The Crown in Right of Ontario (Ministry of. Health) Employer BEFORE D. Kates Vice-Chairperson FOR THE R. Wells GRIEVOR ·Counsel Gowting, Strathy & Henderson Barristers & Solicitors FOR THE R. Angotti EMPLOYER' Counsel Fraser & Beatty Barristers & Solicitors HEARING November 24, 1995 · 1 Decision At one time the grievor was employed as a head nurse at The Brockville Psychiatric ~ospitat. ~e has been on long term disability leave since May 6, 1986. In 1989, he grieved his failure to return to work which grievance culminated in a decision of the GSB on August 30, 1990. In effect, the GSB ruled that the grievor was required to demonstrate in an appropriate way his fitness to return to work. As he had not satisfied the onus of providing the employer with sufficient proof "in a meaningful way" that'he was fit, the grievance was denied. Arising out of that decision the grievor submitted another grievance dated July 31, 1991, complaining that his employer"has failed...to provide the appropriate form to be filled in by a psychiatrist" so that he may demonstrate his fitness to return to work. Compensation for financial losses since the date of his original grievance (February 1, 1989) is requested. In essence, the instant grievance represents a second effort by the grievor to achieve a return to his former position of head nurse at the employer's hospital. At the hearing the hospital representative undertook to provide the grievor (on awith°ut prejudice basis) an appropriate "original" medical form to enable his request for a return t° his position to be realised. It is anticipated that the grievor would then arrange for an appropriate medical assessment necessary to satisfy the employer of his fitness to return to w6rk. In that light these proceedings were'adjourned sine die to 2 enable the foregoing task to be completed. The Board remained seized of all matters related to this grievance including the issue of remedy. Dated this 2nd day of January, 1996. , f David H. Kates Vice-Chairperson