HomeMy WebLinkAbout2020-0807.Ghai.21-11-04 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2020-0807
UNION# 2019-0526-0032
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ghai) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE
Dissanayake, Nimal
Arbitrator
FOR THE UNION
Farnaz Talebpour
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Regina Wong
Treasury Board Secretariat
Counsel
HEARING October 29, 2021
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DECISION
[1] A grievance filed by Ms. Kamal Ghai (“grievor”) an employee of the Office of the Ontario
Public Guardian and Trustee, came before the Board on March 8, 2021. The grievor
had been off work due to sickness since January 2019. It appeared that the grievance
in substance alleges that the employer had failed to return the grievor to work with
appropriate accommodation in compliance with the collective agreement and The
Human Rights Code and the collective agreement when the grievor sought to return.
[2] When the hearing commenced on March 8, 2021,the parties advised the Board that
they had agreed to use the day for “case management” with the assistance of the
arbitrator in preparation for litigation.
[3] Having scheduled five hearing days commencing on January 13, 2022, and after
discussion between Ms. Wong (employer counsel), then union counsel (Ms. Manprit
Singh), the Board was advised that the parties had agreed to the following:
- That the evidence cut-off date would be May 31, 2021.
- That the union would provide its particulars and production no later than
May 31, 2021.
- That following receipt of the Union’s particulars and production the employer
would disclose the medical file in its possession as soon as possible, and in
any event no later than August 31, 2021.
[4] When the hearing resumed on October 29, 2021, employer counsel advised the Board
that to date it had not received any particulars or production and sought an order from
the Board.
[5] Having considered the particular circumstances of this case and the respective
positions of the parties, the Board orders as follows:
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(a) No later than November 20, 2021, the union shall provide employer counsel
with full and complete written particulars of the material facts on which it
relies on with respect to each act or omission it has alleged in the grievance.
(b) No later than December 10, 2021, the union shall provide to employer
counsel copies of any documents including medical documents in its
possession, upon which it wishes to rely on.
(c) As soon as possible after receipt of the union’s particulars and production
ordered in (a) and (b) above, the employer shall provide to union counsel
written particulars of any facts on which it relies on with respect to any issue
raised by the union in its particulars, together with copies of any additional
documents in its possession, upon which it may wish to rely on in that
regard.
[6] On November 3, 2021, the parties advised that a related grievance ( OPSEU 2021-
0526-0027) had been referred to the Board for arbitration, and that the parties had
agreed to consolidate it in this proceeding. The Board agrees to the consolidation. The
parties shall provide particulars and production in relation to both grievances in
compliance with the orders set out herein.
[7] If the need arises, the timelines stipulated above by the Board may be modified by
agreement of the parties or by further order of the Board.
[8] The Board remains seized with both grievances.
Dated at Toronto, Ontario this 4th day of November 2021
“Nimal Dissanayake”
______________________
Nimal Dissanayake - Arbitrator