HomeMy WebLinkAbout2003-0247.Lauzon.06-02-03 Decision
Crown Employees Commission de Nj
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 2003-0247
UNION# 2003-0701-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Lauzon) Union
- and -
The Crown In RIght of Ontano
(Mimstry of Health and Long-Term Care) Employer
BEFORE Loretta Mikus Vice-Chair
FOR THE UNION Mary MackInnon
Barnster and SOlICItor
FOR THE EMPLOYER George Parns
Counsel
Mimstry of Government ServIces
WRITTEN December 12,2005 and
SUBMISSIONS January 11 2006
2
DeCISIon
The gnevor GIlles Lauzon, filed a gnevance allegIng the Employer had faIled to accommodate
hIS return to work. An attempt was made to medIate a settlement, whIch was unsuccessful ThIS
prelImInary motIOn was brought by the Umon seekIng an order that the Employer proceed first
when the heanng resumes
Ms MacKInnon, counsel for the Umon, took the posItIOn that the Employer IS In possessIOn of
the relevant InfOrmatIOn pertaInIng to the reasons It has faIled to accommodate the gnevor and,
In the Interests of efficIency and brevIty It ought to proceed first wIth that eVIdence
Mr Parns, counsel for the Employer does not take Issue WIth that proposItIOn In general but
submItted that, In thIS case, there are facts In dIspute and, before the Issue of accommodatIOn can
be addressed, these facts must be heard and decIded.
HavIng consIdered the wntten submIssIOn and the cases relIed on by the partIes I agree wIth the
Employer's posItIOn. WhIle the arbItral Junsprudence favours an approach that wIll allow the
eVIdence to be adduced In the most efficIent and expedIent manner by requmng, In some
cIrcumstances, the party wIth the partIcular knowledge of the facts to present those facts first,
that only results where there IS no dIspute about the essentIal elements of the facts gIVIng nse to
the gnevance In thIS case there IS an Issue about the nature and extent of the dIsabIlIty that IS
WIthIn the knowledge of the gnevor As well, It IS the posItIOn of the Employer that It had
accommodated the gnevor who chose to leave the workplace and there IS a dIspute between the
partIes concernIng that Issue It IS the gnevor who has knowledge of the facts leadIng to that
decIsIOn that the accommodatIOn was Inadequate It IS for the gnevor and the Umon to provIde
that InformatIOn.
It IS therefore the order of the Board that the Umon proceed first to call eVIdence on the ments of
the gnevance
Dated thIS 3rd day of February 2006
Vice-Chair