HomeMy WebLinkAbout2000-0028.Dempsey.01-07-16 Order
~~~ o~~o EA1PLOYES DE LA cOURONNE
_QJ1. i~~i~~~i~T DE L 'ONTARIO
COMMISSION DE
REGLEMENT
"IIIl__1I'" BOARD DES GRIEFS
Ontario
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GSB# GSB #0028/00 0229/00
UNION#00DI90 00C035
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Dempsey)
Grievor
-and-
The Crown III RIght of Ontano
(Mimstry of Labour)
Employer
BEFORE Gerry Lee Vice-Chair
FOR THE Nelson Roland, Counsel
GRIEVOR Ryder Wnght, Blair & Doyle
Barnsters and SOlICItorS
FOR THE Mary Pat Moore, Counsel
EMPLOYER Management Board Secretanat
HEARING July 13 2001
BOARD ORDER
HavIng heard the submIssIOns of the partIes at the medIatIOn-arbItratIOn heanng held In
Toronto on July 13 2001 the Board orders as follows
The partIes hereby agree to full and final settlement of the gnevances dated February 28
2000 and Apnl 4 2000 wIthout precedent or prejUdICe on the folloWIng terms
1 The Gnevor wIll attend at the office of Dr Eamon O'Toole for an Independent
medIcal eXamInatIOn appoIntment on July 23 2001 at 10 30 a.m.
2 The attached letter to Dr Eamon O'Toole sets out the scope of the Employer's
request for an Independent medIcal eXamInatIOn.
3 The Gnevor authonzes Dr Eamon O'Toole to release hIS medIcal eXamInatIOn
report dIrectly to the Employer
4 The PartIes agree that Vice-Chair Gerry Lee shall retaIn JunsdlctIOn to Interpret
and enforce thIS matter
5 In consIderatIOn for the above, the Gnevor hereby releases and forever dIscharges
the Employer ItS agents and servants of, and from any and all actIOns, causes of
actIOns, and demands of every kInd anSIng out of, or as a result of the facts of
these gnevances IncludIng but not lImIted to claims under the Human Rights Code
and the Employment Standards Act. NotwIthstandIng thIS release, the Gnevor and
the Umon retaIn theIr nghts to pursue the Gnevor's L TIP appeal
6 In consIderatIOn of the above, the Gnevor and the Umon agree that the gnevances
are wIthdrawn.
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7 The Gnevor's sIgnature on thIS agreement authonzes Dr Eamon O'Toole to
dIrectly provIde the employer wIth a copy of the Independent medIcal
eXamInatIOn report as well as a copy to the Gnevor and hIS counsel, Mr Nelson
Rolland, 438 Umverslty Avenue, SUIte 1812, Toronto Ontano M5G 2K8
8 The partIes agree that thIS Memorandum of Settlement be made an order of the
Gnevance Settlement Board.
Dated at Toronto thIS 16th day of July 2001
Gerry Lee, Vice-Chair
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