GSB#2020-2967; 2021-1207; 2021-1629; 2021-2487
UNION#2021-0212-0002; 2021-0212-0003; 2021-0212-0004; 2021-0212-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Kopec)
Union
- and -
The Crown in Right of Ontario (Ministry of the Attorney General)
Employer
BEFORE
Dale Hewat
Arbitrator
FOR THE UNION
Mae J. Nam Ryder Wright Blair & Holmes LLP Counsel
FOR THE EMPLOYER
Felix Lau Treasury Board Secretariat Legal Services Branch Counsel
HEARING
November 9, 2022
Decision
1On October 27, 2022 I issued a Decision ordering the Grievor to provide certain medical documentation that was ordered to be produced in my earlier Decision of May 12, 2022. In my October 27, 2022 Decision, the Grievor was told that she needed to provide the medical documentation to the Union and the Employer by Friday November 4, 2022 in preparation for the next hearing date which was November 9, 2022, failing which this case would be dismissed.
2On November 7, 2022 Counsel for the Employer contacted me by email to advise that he had not received any production from the Grievor. On November 8, 2022, I was also advised in an email from Union Counsel that neither she nor the Grievance Officer from the Union received any medical documentation from the Grievor. As a result, the November 9, 2022 hearing was cancelled and I informed both Counsel that I would be issuing this Decision.
3Due to the Grievor’s failure to comply with the orders for production set out in my Decisions of May 12, 2022 and October 27, 2022, all of her Grievances are dismissed.
Dated at Toronto, Ontario this 14th day of November 2022.