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HomeMy WebLinkAbout2005-1318.Theriault.11-11-03 DecisionCommission de Crown Employees Grievance UqJOHPHQWGHVJULHIV Settlement Board GHVHPSOR\pVGHOD 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 7pO   Fax (416) 326-1396 7pOpF   GSB#2005-1318 UNION#2005-0618-0035 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Theriault) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFOREVice-Chair Barry Stephens FOR THE UNION Scott Andrews, Tim Mulhall Ontario Public Service Employees Union Grievance Officers FOR THE EMPLOYER Nicholas Sapp Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARINGOctober 19, 2011. - 2 - Decision [1]The parties agreed to present this grievance in accordance with Article 22.16 of the collective agreement, and this decision is without prejudice or precedent. [2]In December 2004 the grievor was pregnant, and her doctor provided a medical certificate restricting the grievor to working between the hours of 07:00 and 20:00 in order to avoid the risk of slipping and falling when conducting rounds on the property. On December 29, the grievor agreed to an accommodation plan stipulating that she would work a shift from 07:00 to 15:00. However, the implementation of plan was delayed until after the holiday season, and was to begin on January 10. On January 3 at 19:35 the grievor was at work on an evening shift, when she slipped on ice and fell, sustaining an injury. [3]The union alleges the employer EUHDFKHGWKHJULHYRU¶VGXW\to accommodate by delaying the implementation of the accommodation plan. The result was that the grievor sustained the very type of injury her restrictions were meant to avoid. The employer responds that the grievor was working within the time frame stipulated by her restrictions, and for that reason the fall cannot be attributed to the accommodation plan having been slightly delayed. [4]After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be allowed. - 3 - The grievor would not have been working the shift in question had the accommodation plan not been delayed. There is no evidence that an immediate introduction of the accommodation plan would have caused the employer undue hardship. As a result, the grievor is awarded $2,500.00 in damages. rd Dated at Toronto this 3 day of November 2011. Barry Stephens, Vice-Chair