HomeMy WebLinkAbout2006-1704.Fenech.08-06-13 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2006-1704, 2006-1705, 2006-1706, 2007-0707, 2007-0708
UNION# 2006-0528-0004, 2006-0528-0005, 2006-0528-0006, 2007-0528-0003, 2007-0528-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Fenech)
Union
- and -
The Crown in Right of Ontario
(Ministry of Labour)
Employer
BEFOREVice-Chair
Nimal Dissanayake
FOR THE UNION
Janina Fogels
Cavalluzzo Hayes Shilton McIntyre &
Cornish
Barristers and Solicitors
FOR THE EMPLOYER
Paul Meier
Counsel
Ministry of Government and Consumer
Services
TELECONFERENCE June 9, 2008.
2
Decision
The Board concludes that any notes contained in the grievor?s diary that record events,
conversations and/or interaction between herself and the employer about which she testified or
will testify are not protected by a litigation privilege. Therefore, the union is directed to disclose
such notes as soon as possible in advance of the next scheduled hearing date. In the event the
diary contains unrelated information that does not fall within the above description, such
information is not subject to disclosure. Counsel are directed to review the diary and attempt to
agree as to how such information, if any, may be excluded from disclosure. Failing agreement as
to what notes are/are not subject to disclosure, I remain seized.
Reasons for this ruling will be issued in due course.
th
Dated at Toronto this 13day of June 2008.
Nimal Dissanayake
Vice-Chairperson