GSB# 2017-0471

UNION# 2015-0534-0023

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Vangou)

Union

• and -

The Crown in Right of Ontario (Ministry of Children, Community and Social Services)

Employer

BEFORE

Janice Johnston

Arbitrator

FOR THE UNION

Jane Letton Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Thomas Ayers Treasury Board Secretariat Legal Services Branch Counsel

HEARING

August 6, 2019

DECISION

1This case has a long history. This is the fourth decision I have issued in this matter.

2The Grievor in this case filed a grievance on December 18, 2015, claiming that:

...my Employer has continued to disparage me, my name, and has continued their discriminatory feelings and actions towards me, which they have transferred to staff and to each other, resulting in irreparable damage to my career, life and well-being. This is discrimination/harassment against me due to my illnesses, my union activity and that has been held against me and my sibling.

3The Grievor left the workplace on October 8, 2014, and has not returned to work since that date. She served a six-month qualifying period and has been on LTIP since April 8, 2015. The grievance before me was filed on December 18, 2015, more than a year after she left the workplace.

4In the first decision in this matter I gave the following ruling:

The employer has requested that I direct the grievor to provide a fully particularized will say statement detailing any matters that deal with allegations of conduct of the employer post March, 2015, that do not relate to the LTIP process. The use of will say statements has become increasingly more common in cases such as this one before me. I therefore direct the union to prepare a will say statement that shall constitute the evidence in chief of the grievor. This statement is to be fully particularized and include answers to “who, what, when and where” in terms of allegations of misconduct on the part of the employer. It is to be provided to counsel for the Ministry on or before February 15, 2019, which is three weeks prior to the next date of hearing scheduled in this case.

5Due to circumstances beyond her control counsel for the union was unable to meet the deadline set out above. Accordingly, an extension of the timeline to file the will say statement was granted and a hearing date of August 6, 2019 was set.

6On August 5, 2019 the two medical notes attached as Schedule “A” were filed with the Board and provided to counsel for the employer.

7Counsel for the employer took the position that this medical documentation was insufficient and requested that I dismiss the grievance due to the fact the Grievor had not submitted a will say by the extended deadline. Union counsel requested that I grant an adjournment of six months to enable the union to either meet with the Grievor to prepare the will say or to obtain more detailed medical information.

8The Grievor in this case has not been in the workplace since October, 2014. The allegations of misconduct of the employer, if there are any, are post March, 2015. The Grievor has been given multiple opportunities to provide either particulars or a will say detailing the alleged misconduct of the employer and has failed to do so. The employer is entitled to know the case it has to meet and every passing year makes it more difficult if not impossible for the employer to mount any defence to whatever allegations the Grievor may raise.

9However, having said that I am prepared to give the union six months to provide the required will say statement. At the end of that time should the union be unable to do so the employer may renew its request that the grievance be dismissed. This matter will continue on March 27, 2020.

Dated at Toronto, Ontario this 7th day of August, 2019.

APPENDIX A

Malton Medical Group 201-6870 Goreway Drive Mississauga, Ontario L4V 1P1 Telephone 905-677-4200 Fax 905-677-0541

Dr. S. Black Dr. S. Brown Dr. D.A. Lewis Dr. B. Zidel Dr. K. Thakkar Dr. K. Marshall Dr. J. Perera Dr. R. Perera Dr. J. Bertucci Dr. M. Jawald Dr. L. Nicoara Dr. A. Prokubovskaya

July 22nd, 2019

To: Jane E. Letton Ryder Wright Blair & Holmes LLP 333 Adelaide Street West, 3rd Floor Toronto, ON M5V 1R5

Re: OPSEU (Emma Vangou) Local 534 and OPS Ministry of Community Social Services OPSEU #2015-0534-0023; GSB 2017-0471 File NO.: 11521

After consulting with my patient on July 18th, 2019, it is my opinion that my patient is unable to attend for a “Will Say” at this time.

Yours Sincerely,

“Signature”

Simon Brown, M.D.

SB/jn

RWBH RYDER WRIGHT BLAIR & HOLMES LLP 333 Adelaide St. W, 3rd Fl, Toronto, Ontario M5V 1R5 P 416-340-9070 F 416-340-9250

CONFIDENTIAL VIA FAX: (905) 677-0541

July 22, 2019

Dr. Simon Brown 6870 Goreway Dr. Mississauga, ON L4V 1P1

Dear Mr. Brown:

RE: OPSEU (Vangou, Emma) Local 534 and OPS Ministry of Community Social Services OPSEU #2015-0534-0023; GSB 2017-0471 Our File No.: 11521

Thank you for your report received today, unfortunately, not all questions were answered. Are you able to answer the following 3 questions:

1. Can you advise approximately when Ms. Vangou will be able to produce a Will Say? (No. at this time, initialled)

2. Is Ms. Vangou able to provide her evidence orally, by giving evidence through testimony under oath, which will require her to be able to comprehend detailed questions, and provide clear answers? The process may take more than one (1) day and could last up to seven (7) hours each day. (Not at this time, initialled)

3. Does Ms. Vangou require any accommodation to participate in a legal proceeding such as the one described in question 3? (unfit to do with any accommodation at this time, initialled)

If you have any questions or concerns please contact me at 416-340-9070 or jletton@rwbh.ca.

Yours truly,