Ontario Public Service Employees Union (Shkuratoff) v. The Crown in Right of Ontario (Liquor Control Board of Ontario), 2014 CanLII 30056

GSB#2013-1588

UNION#2012-0378-0064

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Shkuratoff)

Union

• and -

The Crown in Right of Ontario (Liquor Control Board of Ontario)

Employer

BEFORE

Ian Anderson

Vice-Chair

FOR THE UNION

Mike Biliski Koskie Minsky LLP Barristers and Solicitors Counsel

FOR THE EMPLOYER

Paul Macchione Liquor Control Board of Ontario Counsel

HEARING

April 30, 2014

Decision

1This is a grievance relating to the termination of the Grievor’s employment on June 6, 2012.

2The employer alleges the Grievor’s employment was terminated for breach of a provision of a “Last Chance Agreement” relating to attendance. The Union asserts that the Grievor’s failure to comply with the attendance provision was the result of a disability it identified.

3An arbitration hearing was scheduled for April 30, 2014. The Grievor did not attend and the Union was unable to contact her to determine the reason for her non-attendance.

4A further hearing date in this matter has been scheduled for September 15, 2014. If this matter is to proceed, the Grievor’s medical history as it relates to the alleged disability and the extent of the Employer’s knowledge of that disability will be at least arguably relevant. Further, the Union has indicated that it intends to obtain and rely upon a medical report from a qualified medical practitioner addressing the Grievor’s disability, prognosis and accommodation required. Having regard to the foregoing, the Board makes the following orders:

a. The Union is to produce to the Employer a copy of all portions of the Grievor’s medical records arguably relevant to the alleged disability for the period October 31, 2009 until the date of the hearing.

b. The Employer is to produce to the Union a copy of all medical reports or notes it has received from the Grievor for the period October 31, 2009 until the date of the hearing.

c. Should the Union wish to rely upon the opinion of an expert in support of its position, it is to file a copy of a report from the expert in advance of the hearing.

d. The productions and filings set out in paragraphs (a), (b) and (c) are to be completed as soon as possible and in any event no later than August 1, 2014, or such later date(s) as the parties agree or this Board orders.

e. In the event that the grievance succeeds, the Grievor shall be entitled to no compensation for the period May 1, 2014 until September 15, 2014, unless the Grievor establishes that she was unable to attend the hearing on April 30, 2014 for good and valid reasons and able to work for any part of that period of time for which compensation is claimed.

5I am seized.