HomeMy WebLinkAbout2015-3107.Faustino.20-07-23 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# 2015-3107; 2015-3305; 2016-0575; 2016-0576; 2016-0577; 2016-0578; 2016-0579;
2016-0580; 2016-0581; 2016-0582; 2016-0583; 2016-0584; 2016-0585; 2016-0586; 2016-0587
UNION# 2016-0585-0001; 2016-0585-0002; 2016-0585-0003; 2016-0585-0004; 2016-0585-0005;
2016-0585-0006; 2016-0585-0007; 2016-0585-0008; 2016-0585-0009; 2016-0585-0010;
2016-0585-0011; 2016-0585-0012; 2016-0585-0013; 2016-0585-0014; 2016-0585-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Faustino) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Training and Skills Development) Employer
BEFORE
Daniel Harris
Arbitrator
FOR THE UNION
Seung Chi
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Thomas Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING June 17 and 30, 2020 and July 20, 2020 (via
videoconference)
-2-
DECISION
[1] Having heard the submissions of the Parties, and having reviewed the
relevant documentation, including the job description, medical
questionnaires and two Independent Medical Examinations, I find that the
Grievor was unable to perform the duties of his home position from May
19, 2016 to July 20, 2020.
[2] I make no finding with respect to whether the Griever could perform the
duties of his home position from July 21, 2020 onwards.
[3] At this time, based on the representations of the Parties and due to the
specific facts of this case, I do not make any finding as to whether the
Grievor was entitled to compensation of any kind whatsoever from May
19, 2016 to July 20, 2020. That matter is remitted back to the Parties to
resolve.
[4] I remain seized with respect to any dispute arising out of this decision.
Dated at Toronto, Ontario this 23rd day of July, 2020.
“Daniel Harris”
______________________
Daniel Harris, Arbitrator