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HomeMy WebLinkAbout2010-0007.Amurao.12-04-16 Decision Crown Employees rieva nce Settlement oard 1Z8 l. (416) 326-1388 x (416) 326-1396 t des griefs es employés de la t Z8 l. : (416) 326-1388 léc. : (416) 326-1396 UNION#2010-0542-0010, 2010-0542-0009 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD ETWEEN G B Suite 600 180 Dundas St. West Toronto, Ontario M5G Te Commission de règlemen d Couronne Bureau 600 180, rue Dundas Oues Toronto (Ontario) M5G 1 Té Té Fa GSB#2010-0007, 2010-0029 B Ontario Public ployees Union ( Union (Ministry of Community and Social Services) Employer Service Em Amurao) - and - The Crown in Right of Ontario BEFORE Joseph D. Carrier Vice-Chair FOR THE UNION lmes LLP FOR THE EMPLOYER Sheila Riddell Ryder Wright Blair & Ho Barristers and Solicitors Services ractice Group NCE CALL Jennifer Richards Ministry of Government Labour P Counsel CONFERE April 5, 2012. - 2 - Decision [1] The substantive issue in the matter before me is the grievance of Ms. Fidela Amurao alleging that she was unjustly terminated. [2] There have been significant delays in processing the termination grievance of Ms. Fidela Amurao to hearing. The termination was confirmed on February 22, 2012. The matter was first set down for hearing on February of 2011. For various reasons thereafter, including those outlined in decisions of the Board on August 11, 2011 and March 9, 2012 it has yet to proceed on the merits. There are currently scheduled several hearing days, when it was hoped that evidence on substantive issues might commence, the first of those being April 23, 2012. However, a further element has now been introduced which might lead to even further delay. That issue was dealt with by teleconference as follow: [3] This is to confirm the teleconference discussion I had with counsel, Ms. Riddell and Ms. Richards on April 5, 2012. [4] The Union, by Ms. Riddell, moved to adjourn the April and May hearing dates on the basis that: 1. The Grievor would be unable to attend due to medical reasons 2. and due to the loss of a significant family member in February [5] The employer opposed the adjournment for the time being pending production of the existing medical note and, more importantly, a more comprehensive medical explanation of the Grievor’s inability to attend. [6] Although sympathetic to both issues, a more substantive medical would be required for the employer’s consent. - 3 - [7] I ruled orally that there was as yet insufficient information available upon which to grant the adjournment. The motion was declined on the understanding that the Union would produce further medical information on or before Friday, April 13. [8] In the event the information is not produced by then and/or is insufficient to elicit the employer’s consent, the request to adjourn could be addressed at the next scheduled hearing day in April (April 23). Dated at Toronto this 16th day of April 2012. Joseph D. Carrier, Vice-Chair