HomeMy WebLinkAbout2020-2967.Kopec.2022-11-14 Decision
Crown 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#2020-2967; 2021-1207; 2021-1629; 2021-2487
UNION#2021-0212-0002; 2021-0212-0003; 2021-0212-0004; 2021-0212-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kopec) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Dale Hewat Arbitrator
FOR THE UNION Mae J. Nam
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING November 9, 2022
- 2 -
Decision
[1] On October 27, 2022 I issued a Decision ordering the Grievor to provide certain
medical documentation that was ordered to be produced in my earlier Decision of
May 12, 2022. In my October 27, 2022 Decision, the Grievor was told that she
needed to provide the medical documentation to the Union and the Employer by
Friday November 4, 2022 in preparation for the next hearing date which was
November 9, 2022, failing which this case would be dismissed.
[2] On November 7, 2022 Counsel for the Employer contacted me by email to advise
that he had not received any production from the Grievor. On November 8, 2022,
I was also advised in an email from Union Counsel that neither she nor the
Grievance Officer from the Union received any medical documentation from the
Grievor. As a result, the November 9, 2022 hearing was cancelled and I informed
both Counsel that I would be issuing this Decision.
[3] Due to the Grievor’s failure to comply with the orders for production set out in my
Decisions of May 12, 2022 and October 27, 2022, all of her Grievances are
dismissed.
Dated at Toronto, Ontario this 14th day of November 2022.
"Dale Hewat”
Dale Hewat, Arbitrator