GSB# 2020-0807

UNION# 2019-0526-0032

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ghai)

Union

• and -

The Crown in Right of Ontario (Ministry of the Attorney General)

Employer

BEFORE

Dissanayake, Nimal

Arbitrator

FOR THE UNION

Farnaz Talebpour Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Regina Wong Treasury Board Secretariat Counsel

HEARING

October 29, 2021

DECISION

1A grievance filed by Ms. Kamal Ghai (“grievor”) an employee of the Office of the Ontario Public Guardian and Trustee, came before the Board on March 8, 2021. The grievor had been off work due to sickness since January 2019. It appeared that the grievance in substance alleges that the employer had failed to return the grievor to work with appropriate accommodation in compliance with the collective agreement and The Human Rights Code and the collective agreement when the grievor sought to return.

2When the hearing commenced on March 8, 2021,the parties advised the Board that they had agreed to use the day for “case management” with the assistance of the arbitrator in preparation for litigation.

3Having scheduled five hearing days commencing on January 13, 2022, and after discussion between Ms. Wong (employer counsel), then union counsel (Ms. Manprit Singh), the Board was advised that the parties had agreed to the following:

• That the evidence cut-off date would be May 31, 2021.

• That the union would provide its particulars and production no later than May 31, 2021.

• That following receipt of the Union’s particulars and production the employer would disclose the medical file in its possession as soon as possible, and in any event no later than August 31, 2021.

4When the hearing resumed on October 29, 2021, employer counsel advised the Board that to date it had not received any particulars or production and sought an order from the Board.

5Having considered the particular circumstances of this case and the respective positions of the parties, the Board orders as follows:

(a) No later than November 20, 2021, the union shall provide employer counsel with full and complete written particulars of the material facts on which it relies on with respect to each act or omission it has alleged in the grievance.

(b) No later than December 10, 2021, the union shall provide to employer counsel copies of any documents including medical documents in its possession, upon which it wishes to rely on.

(c) As soon as possible after receipt of the union’s particulars and production ordered in (a) and (b) above, the employer shall provide to union counsel written particulars of any facts on which it relies on with respect to any issue raised by the union in its particulars, together with copies of any additional documents in its possession, upon which it may wish to rely on in that regard.

6On November 3, 2021, the parties advised that a related grievance ( OPSEU 2021-0526-0027) had been referred to the Board for arbitration, and that the parties had agreed to consolidate it in this proceeding. The Board agrees to the consolidation. The parties shall provide particulars and production in relation to both grievances in compliance with the orders set out herein.

7If the need arises, the timelines stipulated above by the Board may be modified by agreement of the parties or by further order of the Board.

8The Board remains seized with both grievances.