GSB# 2003-1951
UNION# 2003-0533-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Samuels)
Union
- and -
The Crown in Right of Ontario (Ministry of Health and Long-Term Care)
Employer
BEFORE
Nimal V. Dissanayake
Vice-Chair
FOR THE UNION
Kathleen Lawrence Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Janet Myers Employee Relations Consultant Ministry of Health and Long Term Care
HEARING
September 26, 2006.
Decision
The grievor, Ms. Stephanie Samuels filed a grievance dated March 10, 2003, which states:
The employer has failed to provide for my health and safety at the workplace and failed to provide accommodation as requested by my family doctor in relation to my medical condition.
The grievance came before the Board for mediation-arbitration on September 26, 2006. At the time, the grievor expressed her opinion that she was dealt with unfairly in that her supervisor ought to have accommodated her at an earlier point of time. She was also of the view that the employer should have taken action against the supervisor for not doing so. However, the material disclosed that the grievor was accommodated without delay once her request for accommodation was medically substantiated. Furthermore, in resolving an appeal from a denial of her application for Long Term Income Protection benefits, she had executed minutes which included a term that she would not pursue any claim or action related to the factual circumstances of her illness. She had also left the employ of the crown by taking her “80 Factor” option.
In the circumstances, the union advised the Board that it had no dispute with the employer arising out of the grievance.
Having considered the facts of the case and the union’s concession of “no dispute”, the grievance is hereby dismissed.
Dated this 3rd day of October 2006 at Toronto, Ontario.