HomeMy WebLinkAbout1998-1438.Garrison.00-05-04 Board Order
o NTARW EMPU) YES DE LA COURONNE
CROW"! EMPLOYEES DE L 'ONTARW
. . GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONBTELEPHON~ (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 128 FACSIMILBTELECOPIE. (416) 326-1396
GSB # 1438/98
CUPE # 97-25 98-27
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BElWEEN
CanadIan Umon of Pubhc Emplovees Loca11750
(Gamson)
Grievor
- and -
The Crown 111 Right of Ontano
(Workplace Safeh & Insurance Board)
Emplover
BEFORE Loretta Mikus Vice Charr
FOR THE RIsa PaIICer
GRlEVOR Semor Legal Officer
Legal Branch
CaIIadIaII Umon of PulbIc Emplovees, Local 1750
FOR THE Ehzabeth KosnlldIs
EMPLOYER SohcItor
Legal ServIces DIVISIOn
Workplace Safeh & InsuraIICe Board
HEARING June 2, 8 1999
September 29 30 1999
March 8 2000
The Employer has asked for certam documents from the gnevor willch It asserts are relevant and
necessary to Its case In response to the Uillon-s argument about the costs mvolved, the Employer has
agreed to pay the expenses of producmg the documents.
The documents requested are as follows
1 Income tax returns for CasIno Caterers from 1995 to the end of operatIOns.
2 Personal mcome tax returns for Treena Gamson from 1995 to 1999
3 Pleadings m cIvil actIon mvolvmg Mary-Jo Donaghue
4 Transcnpt of the exammaTIon for discovery of Treena Gamson.
5 InvoIces and all supportmg documentatIOn prepared by Casmo Caterers for every
caSInO event undertaken by the Company
6 All forms or documents prepared and submItted to the provIncIal government to obtaIn
a caSInO lIcense.
The gnevor was termInated from her pOSITIOn as a VocaTIonal RehabilItaTIon Caseworker m 1998
because of what the Employer has charactenzed as absence from work Without authonzatIOn. The
tenrunaTIon followed a long illstory of absences and modIfied work tnals and repeated refusals of the
gnevor to return to work. One of the grounds gIven for the termmaTIon was the Employer-s belIef that
the gnevor had been workmg at Casmo Caterers, a chantable caSInO operated by the gnevor and her
spouse, while she was allegedly mcapable of returnmg to her pOSItIOn.
The documents requested by the Employer relate, for the most part, to that pnvate busmess enterpnse
It took the pOSItIOn that the mcome tax documents will aSSIst It m determIillng the number of hours and
amount of work the gnevor was able to perform dunng that tIme. As well, the gnevor and her spouse
were sued by theIr former partners In CasIno Caterers and we have heard the eVIdence of Ms.
Donaghue about the gnevor-s partICIpaTIOn m the operaTIon of the chanty casmos. The gnevor-s pOSITIOn
dunng those court proceedings was that she and her spouse were domg all of the work The pleadings
and transcnpts are relevant to the case before tills Board because they Will tell us the gnevor-s own
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verSIOn of her partIcIpatIOn.
It was argued that all of the documents are In the gnevor-s posseSSIOn and are relevant to the mstant
case and should be produced.
I am of the VIew that all of the document requested ought to be provIde to the Employer There IS no
queSTIon about theIr relevance They all relate to the gnevor-s partIcIpatIOn m Casmo Caterers, wmch IS
central to the Employer-s allegaTIon concernIng the gnevor-s abIlIty to return to work. The Uillon
adVIsed us at the heanng that gnevor did not file a separate Income tax return for Casmo Caterers and
can only produce her personal tax return. She IS therefore ordered to do so In response to her
concerns about pnvate or personal InformaTIon on those return, she can block out any personal
mformaTIon concernIng matters unrelated to her mcome and exempTIons.
The Uillon IS ordered to proVIde to the Employer as soon as IS possible, and certaInly m advance of our
next day of heanng on Apnl 8 2000 With all of the documents lIsted above.
Ordered thIS 19th day of March, 2000
Loretta Mikus, Vice-Chair
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