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HomeMy WebLinkAbout2003-1951.Samuels.06-10-03 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de reglement des griefs des employes de la Couronne ~ ~--" Ontario Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 GSB# 2003-1951 UNION# 2003-0533-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (Samuels) - and - The Crown in Right of Ontario (Ministry of Health and Long - Term Care) Nimal V. Dissanayake Kathleen Lawrence Grievance Officer Ontario Public Service Employees Union Janet Myers Employee Relations Consultant Ministry of Health and Long Term Care September 26, 2006. Union Employer Vice-Chair 2 Decision The grievor, Ms. Stephanie Samuels filed a grievance dated March 10, 2003, which states: The employer has failed to provide for my health and safety at the workplace and failed to provide accommodation as requested by my family doctor in relation to my medical condition. The grievance came before the Board for mediation-arbitration on September 26, 2006. At the time, the grievor expressed her opinion that she was dealt with unfairly in that her supervisor ought to have accommodated her at an earlier point of time. She was also of the view that the employer should have taken action against the supervisor for not doing so. However, the material disclosed that the grievor was accommodated without delay once her request for accommodation was medically substantiated. Furthermore, in resolving an appeal from a denial of her application for Long Term Income Protection benefits, she had executed minutes which included a term that she would not pursue any claim or action related to the factual circumstances of her illness. She had also left the employ of the crown by taking her "80 Factor" option. In the circumstances, the unIon advised the Board that it had no dispute with the employer arising out of the grievance. 3 Having considered the facts of the case and the union's concession of "no dispute", the grievance is hereby dismissed. Dated this 3rd day of October 2006 at Toronto, Ontario.