Ontario Public Service Employees Union (Baker) v. The Crown in Right of Ontario (Ministry of Revenue), 2010 CanLII 45249

GSB#2009-0633

UNION#2009-0546-0015

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Baker)

Union

• and -

The Crown in Right of Ontario (Ministry of Revenue)

Employer

BEFORE

Randi H. Abramsky

Vice-Chair

FOR THE UNION

Mark Barclay Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Jennifer Richards Ministry of Government Services Counsel

HEARING

July 21, 2010.

DECISION

1The return to work medical note dated June 28, 2010 is insufficient for the Employer to determine that it is medically safe for the grievor to return to work and what, if any, restrictions or limitations are required.

2Given the duration of the grievor’s absence from work, prior to his returning to the workplace, the grievor must have his medical doctor provide answers to the questions submitted by the Employer at the mediation on July 21, 2010. A copy of the questions required was provided to the grievor at the mediation.

3Upon receipt of medical information satisfactory to the Employer in Paragraph 2, the Employer will timely consult with the Union and grievor regarding his return to work.

4In relation to the grievance, the Union is to provide particulars (who, what, when, and where concerning the allegations of discrimination and harassment) to the Employer by the close of business on September 17, 2010. The failure to do so may result in a motion by the Employer to dismiss the grievance.