GSB#2012-1763, 2013-2404
UNION#2012-0526-0018, 2013-0526-0078
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Khan)
Union
- and -
The Crown in Right of Ontario (Ministry of Attorney General)
Employer
BEFORE
Barry B. Fisher
Vice-Chair
FOR THE UNION
Robin Lostracco Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Kevin Dorgan Treasury Board Secretariat Legal Services Branch Counsel
HEARING
September 9, 2015
Decision
The following order is issued with respect to how this case will proceed.
1The Union will provide the Employer with full particulars of all allegations of discrimination, harassment and health and safety breaches that it intends to rely upon at the hearing. This is to be delivered by November 10th, 2015.
2The parties will exchange copies of all relevant documents by December 15, 2015.
3As the Grievor is relying in part on his medical condition to claim damages in this grievance, the Employer is entitled to full access to the relevant medical records regarding this matter. My preliminary understanding is that the Grievor sought medical treatment both from his family doctor as well as a psychiatrist in the relevant period. The Grievor is therefore ordered to sign the necessary consents to allow both the Union and the Employer access to the notes and records of the treating physicians and other relevant medical personnel. If the Grievor refuses to provide such consents, then I will not consider this aspect of his claim.
4The hearings dates are as follows:
February 1, 3, 9 and 11, 2016.
5The Grievor has already been granted a number of adjournments for various reasons, therefore these dates are preemptory to the Union. I urge the Grievor to arrange his personal affairs, including his upcoming educational LOA, so as not to conflict with these dates. If he fails to attend at any of these dates without a proper excuse, the case will simply proceed in his absence.
Dated at Toronto, Ontario this 14th day of September 2015.