GSB#2012-2922
UNION#2012-0542-0023
Additional files attached in “Appendix A”
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Grievor)
Union
- and -
The Crown in Right of Ontario (Ministry of Community and Social Services)
Employer
BEFORE
Peter F. Chauvin
Vice-Chair
FOR THE UNION
David Wright Ryder Wright Blair & Holmes LLP Barristers and Solicitors Counsel
FOR THE EMPLOYER
Caroline Cohen Treasury Board Secretariat Legal Services Branch Counsel
CONFERENCE CALL
September 10, 2014
Further to the conference call hearing that was conducted on September 10, 2014, at which the parties made their representations regarding my Decision in this matter dated July 3, 2014, and its ramifications upon the Memorandum of Settlement signed by the parties and the Grievor on May 29, 2013, I issued the following ORDERS:
1I ordered the Grievor to sign the Consent authorizing the release of his medical records to his choice of one of three (3) service providers for the purpose of their determining whether it is appropriate that one or more IMEs be conducted upon the Grievor. The May 29, 2013 Memorandum of Settlement refers to "The second IME". In view of the facts of this case, as they have evolved, it is clear that it may be necessary that the second IME take the form of more than one IME, assessing both the Grievor’s physical and psychological or psychiatric state.
2I ordered that should the Grievor fail to sign the Consent, this will constitute a failure to cooperate for the purposes of the May 29, 2013 Memorandum of Settlement.
3I confirmed, as stated in paragraphs 37 to 41 of my July 3, 2014 Decision, that even though I was not satisfied that Dr. Woodside's Report was sufficient to rule that the Grievor presents a safety risk to himself or others if he returns to work, that nevertheless the Grievor’s physical and psychological issues and behaviours still give rise to very serious concerns and doubts about whether the Grievor can, and more importantly, should in fact be returned to the workplace. It is an essential requirement of every employee to be a productive and cooperative employee. The Grievor's past employment and medical history raises serious concerns about whether he can be a productive and cooperative employee, and whether he should be returned to work. Accordingly, to assess this, there may need to be one or more physical and psychological or psychiatric evaluations as part of the second IME, as referred to in paragraph 1 above.
Dated at Toronto, Ontario this 24th day of November 2014.
Appendix A
GSB#
Union File#
2012-2923
2012-0542-0024
2012-2924
2012-0542-0025
2012-2925
2012-0542-0027
2012-3234
2012-0542-0028
2012-3235
2012-0542-0029
2012-3236
2012-0542-0030
2012-3237
2012-0542-0031
2012-3238
2012-0542-0032
2012-3239
2012-0542-0033
2012-3240
2012-0542-0034
2012-3241
2012-0542-0035
2012-3242
2012-0542-0036
2012-3243
2012-0542-0037
2012-3244
2012-0542-0038
2012-3245
2012-0542-0039
2012-3246
2012-0542-0040
2012-3247
2012-0542-0041
2012-3248
2012-0542-0042
2012-3249
2012-0542-0043
2012-3250
2012-0542-0044
2012-3251
2012-0542-0045