64 total
Employer ordered to produce investigation report subject to strict confidentiality conditions.
In advance of a discharge grievance hearing, the union requested the production of an investigation report and related materials.
The arbitrator ordered the employer to produce the investigation report, appendices, and non-privileged materials considered by the investigator.
The production was made subject to strict confidentiality conditions, including restrictions on copying, electronic distribution, and sharing with the grievor.
Employer's motion to strike unparticularized testimony denied to allow union to establish managerial animus.
During the examination-in-chief of the grievor in a workplace harassment and discrimination arbitration, the grievor testified about three incidents not included in the union's statement of particulars.
The employer moved to strike this evidence.
The union argued the incidents were relevant to establishing the manager's animus toward the grievor.
The arbitrator dismissed the employer's motion, ruling that the union should be afforded the opportunity to adduce further evidence on these matters, with the employer given latitude to cross-examine.
Workplace Culture Review ordered produced to Union counsel with restrictions to protect workplace culture.
The Union sought production of a 'Workplace Culture Review' document in relation to grievances alleging a toxic workplace, harassment, and bullying.
The Employer opposed production, arguing the document was not arguably relevant and its disclosure could be detrimental to workplace culture.
The Arbitrator found the document arguably relevant as it flowed from and addressed the issues raised in the grievances.
To mitigate potential harm to the workplace and preserve settlement opportunities, the Arbitrator ordered the document produced only to Union counsel and the assigned Grievance Officer, subject to the implied undertaking rule.
Extension of time to file submissions granted on consent due to a medical issue.
The employer requested an extension of time to file submissions directed in a previous decision due to a medical issue.
The union consented to the request.
The arbitrator granted the extension, allowing the employer until May 10, 2023, to file their submissions.
Complainant ordered to provide further particulars of specific factual allegations but not conclusory statements.
The Employer brought a motion requesting that the Complainant provide further and better particulars of her allegations of discrimination, harassment, and condonation in her applications challenging a suspension and termination.
The Complainant opposed the motion, requested that portions of the Employer's pleadings be struck, and opposed the Employer's request that the Chair take a view of the workplace.
The Board ordered the Complainant to provide particulars for specific factual allegations but not for conclusory statements.
The Board declined to strike the Employer's pleadings as the disclosure process was ongoing.
The parties were directed to seek agreement on the conditions and timing for taking a view of the workplace.
Prior order amended on consent to allow disclosure of investigator's report to additional union officials.
The parties agreed to amend a prior order dated July 6, 2021.
The Arbitrator ordered the amendment to allow union counsel to forward a copy of the Investigator's Report to two additional union officials, subject to the conditions set out in the original order.
Witness who failed to attend hearing directed to appear at reconvened electronic hearing.
At the commencement of the hearing, the union sought to call a witness who failed to attend despite being served with a summons.
The arbitrator noted that the summons legally obliged the witness to attend and directed the witness to appear at the reconvened electronic hearing.
Procedural directions issued establishing filing deadlines for the adjudication of 14 grievances.
The Arbitrator was appointed to hear 14 grievances between the union and the employer.
Following submissions from the parties on how the matter would be adjudicated, the Arbitrator issued procedural directions under article 22.16 of the collective agreement.
The union's filings were deemed complete, and the employer was directed to reply by a specified date.
The Arbitrator indicated that further explanation or oral submissions would be requested for specific grievances if necessary, while others would be decided on the written materials.
Consent order issued consolidating grievances and setting schedule for particulars and preliminary issues.
The parties requested a procedural order to consolidate several grievances and establish a schedule for the production of particulars and future hearings.
The Arbitrator issued a consent order consolidating three grievances, setting a deadline for the union to provide detailed particulars, and scheduling future dates to address unreferred grievances and preliminary issues.
Grievor ordered to attend virtual hearings from employer premises due to repeated technical difficulties.
During a multi-day grievance arbitration held via videoconference, the grievor experienced repeated technical difficulties that prevented her from testifying.
The employer sought an order requiring the grievor to attend future hearing dates from a designated physical location with reliable internet.
The arbitrator granted the request, ordering the grievor to attend future scheduled hearing dates at one of two specified employer office locations where a private boardroom and internet connectivity would be provided.
Preliminary motion partially granted; culpable attendance allegations set aside due to employer's undue delay.
The complainant, a Sergeant at the Toronto South Detention Centre, brought a preliminary motion to void a 20-day suspension and her subsequent termination due to the employer's delay in imposing discipline.
The employer had investigated numerous allegations of lateness, early departures, and falsification of attendance records over several months before notifying the complainant.
The Public Service Grievance Board found that the employer's delay in addressing the culpable attendance allegations was unreasonable and prejudiced the complainant's ability to defend herself.
The board set aside the culpable attendance allegations for both the suspension and termination, but reserved its decision on the falsification of records and other allegations until the hearing on the merits.
Untimely harassment grievance dismissed; evidence of prior conduct limited to three years before filing.
The Employer brought a preliminary motion to dismiss the first of nine grievances alleging workplace harassment, bullying, and discrimination, arguing it was filed outside the collective agreement's time limits.
The Union argued the grievance was a continuing grievance and sought to adduce evidence of a pattern of harassment dating back to 2009.
The Arbitrator found the initial grievance was not a continuing grievance but a single act with continuing effects, and declined to extend the time limits under s. 48(16) of the Labour Relations Act due to substantial prejudice to the Employer.
The first grievance was dismissed, and the Union was precluded from adducing evidence prior to March 2016, striking paragraphs 2 to 26 of the Statement of Particulars.
Discharge grievance dismissed; correctional officer failed to report criminal charges and provide required information.
The Grievor, a correctional officer, was discharged for failing to notify the Employer that he had been criminally charged with failing to comply with a recognizance, and for failing to provide required information about his criminal charges in a timely manner.
The Grievor claimed he relied on the advice of his criminal counsel and that he thought he had provided sufficient information.
The Arbitrator found the Grievor's explanations disingenuous and unreliable, noting his repeated failure to comply with specific directions from the Employer to provide information.
The Arbitrator concluded the Employer established just cause for discharge and found no mitigating factors to warrant substituting a lesser penalty, dismissing the grievance.
Consent order granted to amend a previous order reflecting a change in union counsel.
The employer requested, with the agreement of the parties, to amend a previous order dated July 6, 2021, to reflect a change in union counsel.
The Grievance Settlement Board granted the request, amending the order to substitute the new union counsel for the former counsel, entitling the new counsel to receive copies of a report subject to the conditions of the original order.
Grievance resolved via mediation with directions for confidential disclosure of a redacted document.
A group grievance was filed alleging insufficient information was provided to the grievors following the review of an incident.
The matter proceeded to mediation/arbitration.
The parties reached an agreement during mediation, and the arbitrator issued directions resolving the grievance.
The employer was directed to provide a redacted document to union counsel, subject to strict confidentiality conditions, including that it only be shared with the grievors via screen sharing and subsequently destroyed.
Arbitrator amends prior order setting conditions for disclosure of grievor's medical documents.
The parties jointly requested amendments to an earlier decision dated April 15, 2021, regarding the disclosure and production of medical documents in a grievance arbitration.
The Arbitrator ordered the amendments, which updated the number of grievances and modified the conditions under which the Employer's counsel may share the grievor's medical documents with instructing clients, law students, disability accommodation specialists, and witnesses.
Employer's preliminary request for medical assurance of grievor's fitness to participate in arbitration denied.
At a grievance arbitration hearing, the Employer raised a preliminary concern regarding the Grievor's fitness to participate and face cross-examination.
The Employer requested an order requiring the Union to provide medical assurance from the Grievor's treating practitioner that she was medically fit to proceed.
The Union opposed the request, noting the Grievor was aware of the process and willing to proceed.
The Arbitrator denied the Employer's request, finding insufficient medical grounds or circumstances to warrant such an order.
Employer ordered to produce investigator's report to union counsel subject to strict confidentiality conditions.
The union sought production of an Investigator's Report dated April 16, 2019.
The Grievance Settlement Board directed the employer to provide a copy of the report to union counsel, who may forward it to specific local union officials.
The recipients were ordered to maintain strict confidentiality and use the report solely for preparing for the litigation.
Consent order issued setting timelines and confidentiality conditions for document production and medical records disclosure.
The parties reached an agreement regarding the disclosure and production of documents in relation to eight grievances.
The Arbitrator issued a consent order setting out timelines for the union to provide particulars and for both parties to produce arguably relevant documents.
The order included specific conditions for the disclosure, handling, and eventual destruction of the grievor's medical records to maintain confidentiality.
Procedural orders issued for witness exclusion, document confidentiality, and ASL interpretation in grievance arbitration.
The Grievance Settlement Board issued procedural orders ahead of a hearing.
The orders included the exclusion of witnesses, strict confidentiality and limited use of produced documents, and the provision of American Sign Language interpretation at the hearing.
