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HomeMy WebLinkAbout1996-1939COULING96_12_18 ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE COMMISSION DE , SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100 TORONTO ONTARIO M5G lZ8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G lZ8 FACSIMILE /TEU~COPIE (416) 326-1396 GSB # 1939/96 OPSEU # 96G188 IN THE HATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Couling) Grievor - and - The Crown in Right of Ontario (Ministry of Health) Employer BEFORE R J. Roberts Vice-Chairperson FOR THE G. Leeb GRIEVOR Grievance Officer Ontario Public Service Employees Union FOR THE D Chiro EMPLOYER Coordinator, C A Negotiaions Management Board Secretariat HEARING November 19, 1996 ." 1 AWARD In thIS case, the gnevor, who was deemed to be an essential worker dunng the stnke, claImed to be unable to work due to stress from March 7 to 24, 1996 He claImed paid sIck leave under ArtIcle 10 of the June 13, 1996 Memorandum of Settlement between Management Board and OPSEU (the Memorandum) for March 11 to 14, the tIme he was scheduled to work dunng thIS penod. He submItted a form-type doctor's note from hIS physIcIan, Dr J C Charron, certIfymg that he was absent due to "personal Illness/inJury"and was unable to attend work untIl an antICIpated return date of March 25, 1996 The employer refused to pay SIck leave to the gnevor because It had mformatIOn leadmg It to belIeve that the gnevor was not III as claimed. The employer noted that on October 13, 1995, the gnevor had requested and receIved vacatIOn leave for the penod March 11 to 24, 1996 and thIS leave was cancelled along WIth all other vacatIOn leaves when the stnke loomed Moreover the employer had InfOrmatIOn that dunng the penod March 11 to 24 the gnevor \\-as not at home but In Myrtle Beach, South Carolma. ThIS raised a strong Inference, the employer saId, that the ,/ 2 gnevor was attemptmg to use sIck leave to cover what, 111 fact, was vacatIOn tIme For the most part, I find myselfm agreement wIth the posItIOn of the employer The comcIdence between the tIme of the requested vacatIon leave and the tIme the gnevor claimed to be unable to work due to stress IS too stnkmg to be Ignored -- partIcularly where, as here, the gnevor appeared to have travelled to hIS vacatIOn destmatIOn. It would take more than a very general form-type Doctor's note to dIsplace the adverse mference to be drawn from such facts. In my VIew, It IS not mconsIstent With the mtent of the partIes m ArtIcle 10 of the Memorandum to refuse to pay sick tIme upon a Doctor's note that was clearly madequate m the cIrcumstances.That IS preCIsely what happened here At the same tlme, It seems to me that the most appropnate resolutIOn of thIS matter IS not to deny the gnevor any possibIlIty of receIvmg compensatIOn for March 11 to 14 Rather, the employer should gIve the gnevor the optIOn of SubstItutmg vacatIOn credIts for those days, As a matter of fairness, thIS would allow the gnevor's ongmal vacatIOn request to be honoured, It IS so awarded. Dated at Toronto, Ontano, thIS 18th day of December, 1996 ~