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HomeMy WebLinkAbout2016-0473 et al.Di Matteo.18-06-04 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 règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2016-0473, 2016-1897, 2016-2205, 2017-0263, 2017-0264 UNION# 2016-0504-0007; 2016-0504-0008; 2016-0504-0010; 2017-0504-0001; 2017-0504-0002 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Di Matteo) Union - and - The Crown in Right of Ontario (Ministry of Health and Long-Term Care) Employer BEFORE Felicity D. Briggs Arbitrator FOR THE UNION Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Henry Huang Treasury Board Secretariat Legal Services Branch Counsel TELECONFERENCE May 24 and May 30, 2018 - 2 - Decision [1] Ms. Lilianna Di Matteo has filed a number of grievances that allege, amongst other things, harassment and unjust dismissal. Shortly before our first day of hearing the grievor requested that she be allowed to attend the hearing by way of teleconference. In this regard she provided a note from her physician that stated she was unable to attend our April 24, 2018, hearing date due to “medical reasons.” [2] Although the Employer agreed on a without prejudice basis to have the grievor attend the first day of hearing by way of teleconference, it raised a motion at the conclusion of opening statements that any such arrangement be disallowed in the future. [3] In an effort to determine this matter, this Board requested further medical information. On May 15, 2018, a decision was issued ordering the Union and the grievor to provide further medical information in this regard. [4] On May 22, 2018, Mr. Hannigan provided to Mr. Huang and the Board an electronic copy of a note from the grievor’s family physician. The note stated, “The above needed to attend the proceedings via teleconferencing on 24/4/18 due to medical illness. This non-attendance is meant to continue beyond April 24/18 due to her anxieties and unable to speak in front of people. These restrictions are indefinite.” [5] A conference call was then arranged to allow counsel to make any further comments regarding the grievor’s request to attend the hearing via tele- conference. The Employer’s view had not changed after reviewing the requested medical note. It was of the view that – given the nature of the issues in dispute in these proceedings – the grievor should be ordered to attend in person. The Union urged that the grievor be accommodated as set out by her physician. [6] On May 30, 2018, the Board convened a teleconference and provided an oral ruling. As promised this is a short written decision setting out the ruling. [7] After much consideration I am prepared to grant the grievor’s request to attend the hearing via teleconference. While I fully understand the Employer’s concerns regarding a full and fair hearing for all, the grievor has provided medical documentation establishing a sufficient medical need for accommodation by way of her attending the hearing via teleconference. [8] During the teleconference with the parties, discussion took place to ensure – to the extent possible – that the grievor has all of the documents in her possession that - 3 - will be touched upon in this matter so that the hearing can proceed without undue delays. [9] Notwithstanding my finding at this time, it may happen that this decision will need to be revisited given the complicated issues in this matter. [10] Finally, I note that the grievor has provided a will-say statement for her evidence in chief. She will almost immediately be cross examined which may cause some anxiety. While it is more difficult to monitor the grievor’s response in this regard, effort will be made to ensure ability to continue. Dated at Toronto, Ontario this 4th day of June, 2018. “Felicity D. Briggs” Felicity D. Briggs, Arbitrator