4 total
Employer's motion to dismiss grievances for breach of confidentiality order denied; last chance order issued.
The employer brought a motion to dismiss the grievor's discharge and discipline grievances after the grievor repeatedly breached a Board order by disclosing restricted documents to external parties, including the OPP and RCMP.
The employer argued the grievor's conduct demonstrated he was ungovernable and that the employment relationship was irrevocably severed.
The Board found the breaches to be extremely serious but declined to dismiss the grievances as a preliminary matter, noting that the employer had not yet proven the grievor was ungovernable in the first instance.
The Board issued a last chance order, warning that any further breach would result in prompt dismissal of all grievances, and admitted the evidence of the breaches as post-grievance evidence.
Employer's motion for particulars of discrimination claims denied in discharge grievance.
In a discharge grievance, the Employer brought a motion requesting an order that the Union provide particulars regarding its claims of discrimination and harassment.
The parties had previously agreed to hold the discrimination and harassment grievances in abeyance while proceeding first with the discipline and discharge grievances.
The Grievance Settlement Board denied the Employer's motion, finding that ordering particulars at this stage could potentially prejudice the grievor's rights, given the Employer's burden of proof in a discharge case and the Union's assurance that it did not intend to deal with the discrimination issues during the discipline hearing.
Board declines to vacate consent order restricting grievor's use of Employer's disclosure document.
The Union requested that the Board order the Employer to comply with a disclosure request regarding an OPP investigation, and that the Board vacate a previous consent order restricting the grievor's use of the Employer's disclosure document.
The Employer confirmed full disclosure had been given regarding the OPP investigation, which the Union accepted.
The Board declined to vacate the restricted use order, finding that the grievor and Union had an opportunity to consider the issue before agreeing to it, and that the order did not preclude the grievor from discussing the facts with family and friends.
Employer's request for a restricted use order on disclosed documents granted.
The Union requested disclosure of an unedited WDHP report and related documents in a discharge grievance.
The Employer agreed to provide the documents but requested an order restricting their use to the purposes of the hearing.
The Union agreed to the restriction for most documents but objected to its application to a specific letter dated September 29, 2006.
Following a conference call, the Vice-Chair granted the Employer's request to restrict the use of the letter, with the proviso that the Union or grievor could seek leave from the Board to use it for other bona fide reasons.
