The Association of Management, Administrative and Professional Crown Employees of Ontario (GAM) v. The Crown in Right of Ontario (Ministry of Health and Long-Term Care), 2019 CanLII 56347

GSB#2011-2859; 2011-2860; 2011-2861

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

The Association of Management, Administrative and Professional Crown Employees of Ontario (GAM)

Association

• and –

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE

Bram Herlich

Arbitrator

FOR THE ASSOCIATION

Kelly Doctor Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

Caroline Cohen Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

May 7, 2019

Decision

1Hearing in this matter is currently scheduled to resume on May 13, 2019.

2The union has requested that, on the basis of material already on file, the complainant be permitted to testify via videoconference. In the alternative, it requests that the hearing scheduled for May 13, 2019 be adjourned so as to permit further medical documentation to be filed.

3On the basis of the materials currently on file, I am not persuaded that the complainant ought to be permitted to, contrary to the usual practice in these matters, testify via videoconference.

4With respect to the request for an adjournment of the next day of hearing, a copy of a letter prepared by counsel, dated January 29, 2019, and addressed to Dr. G.A. Delaney was filed. Counsel advised that the complainant advised that the said letter was sent to the doctor by the complainant on February 1, 2019. Counsel further advised that the complainant has advised that, to date, there has yet to be any written reply from Dr. Delaney. Hence, the request for an adjournment to facilitate the production and receipt of a written medical report.

5In the circumstances, I am persuaded that a brief adjournment is appropriate to give the complainant one final opportunity to produce medical evidence in support of her claimed inability to testify in person.

6Any medical evidence upon which the complainant intends to rely shall be provided to the employer not later than June 18, 2019.

7In the event that the question of whether the complainant ought to be permitted to testify by videoconference remains in dispute between the parties, a teleconference will be held on July 11, 2019 at 4PM to deal with that issue.

8The hearing scheduled for May 13, 2019 is adjourned. The hearing will resume on July 24, 2019.