HomeMy WebLinkAbout2017-0471.Vangou.19-08-07 DecisionCrown 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# 2017-0471
UNION# 2015-0534-0023
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Vangou) Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services) Employer
BEFORE
Janice Johnston
Arbitrator
FOR THE UNION
Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Thomas Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING August 6, 2019
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DECISION
[1] This case has a long history. This is the fourth decision I have issued in this
matter.
[2] The Grievor in this case filed a grievance on December 18, 2015, claiming that:
...my Employer has continued to disparage me, my name, and has continued
their discriminatory feelings and actions towards me, which they have transferred
to staff and to each other, resulting in irreparable damage to my career, life and
well-being. This is discrimination/harassment against me due to my illnesses, my
union activity and that has been held against me and my sibling.
[3] The Grievor left the workplace on October 8, 2014, and has not returned to work
since that date. She served a six-month qualifying period and has been on LTIP
since April 8, 2015. The grievance before me was filed on December 18, 2015,
more than a year after she left the workplace.
[4] In the first decision in this matter I gave the following ruling:
The employer has requested that I direct the grievor to provide a fully
particularized will say statement detailing any matters that deal with allegations of
conduct of the employer post March, 2015, that do not relate to the LTIP
process. The use of will say statements has become increasingly more common
in cases such as this one before me. I therefore direct the union to prepare a will
say statement that shall constitute the evidence in chief of the grievor. This
statement is to be fully particularized and include answers to “who, what, when
and where” in terms of allegations of misconduct on the part of the employer. It
is to be provided to counsel for the Ministry on or before February 15, 2019,
which is three weeks prior to the next date of hearing scheduled in this case.
[5] Due to circumstances beyond her control counsel for the union was unable to
meet the deadline set out above. Accordingly, an extension of the timeline to file
the will say statement was granted and a hearing date of August 6, 2019 was set.
[6] On August 5, 2019 the two medical notes attached as Schedule “A” were filed
with the Board and provided to counsel for the employer.
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[7] Counsel for the employer took the position that this medical documentation was
insufficient and requested that I dismiss the grievance due to the fact the Grievor
had not submitted a will say by the extended deadline. Union counsel requested
that I grant an adjournment of six months to enable the union to either meet with
the Grievor to prepare the will say or to obtain more detailed medical information.
[8] The Grievor in this case has not been in the workplace since October, 2014. The
allegations of misconduct of the employer, if there are any, are post March, 2015.
The Grievor has been given multiple opportunities to provide either particulars or
a will say detailing the alleged misconduct of the employer and has failed to do
so. The employer is entitled to know the case it has to meet and every passing
year makes it more difficult if not impossible for the employer to mount any
defence to whatever allegations the Grievor may raise.
[9] However, having said that I am prepared to give the union six months to provide
the required will say statement. At the end of that time should the union be
unable to do so the employer may renew its request that the grievance be
dismissed. This matter will continue on March 27, 2020.
Dated at Toronto, Ontario this 7th day of August, 2019.
“Janice Johnston”
______________________
Janice Johnston, Arbitrator
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APPENDIX A
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