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HomeMy WebLinkAbout2010-0681.McCool.11-11-09 DecisionCommission de Crown Employees Grievance Settlement UqJOHPHQt des griefs Board dHVHPSOR\pVGHOD Couronne Suite 600 Bureau 600 180 Dundas St. West180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 7pl. : (416) 326-1388 x (416) 326-1396 7pOpF   Fa GSB#2010-0681 UNION#2010-0122-0002 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public ployees Union Service Em (McCool) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNIONFrank Inglis and Tim Mulhall Ontario Public Service Employees Union Grievance Officers FOR THE EMPLOYERNicholas Sapp Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING August 19, 2011. - 2 - Decision ??? 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. ??? The grievance in this case relates to a claim for compassionate leave. The grievor states that on March 17, 2010, after a number of problems related to plumbing work done at her house, her shower door shattered. Her lawyer advised her she should contact the plumber who had done the work and have that person effect repairs. She then called the employer and advised she needed the day off to deal with the problem. She applied for compassionate leave to deal with a domestic emergency. The employer denied the request, taking the position that the grievor could have found someone else to fix the shower, and that, even if she chose otherwise, the work was not the type emergency that required leave since no further damage was being done to the house while she was waiting for repairs. ??? After reviewing the submissions of the parties and the collective agreement, I accept the HPSOR\HU¶VYLHZZDVUHDVRQDEOHLQDOORIWKHcircumstances. I am not persuaded that the plumbing work in question was of such a nature that there was an urgent and pressing need for compassionate leave. While I can appreciate the JULHYRU¶VIUXVWUDWLRQZith the circumstances, I am required to balance the problem she faced with the requirement to apply compassionate leave to events that meet appropriate criteria. In the context of a household emergency it is reasonable to consider whether the dilemma faced by the employee poses imminent risk of greater harm or damage such that it requires immediate attention. In other words, the risks presented by the emergency should at least entail that it would be unreasonable to expect the employee to attend - 3 - work. It is my conclusion that the circumstances of this case do not meet that test and the grievance is therefore dismissed. th Dated at Toronto this 9 day of November 2011. Barry Stephens, Vice-Chair