GSB# 2024-01817

UNION# 2024-0601-0006

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Beauchamp)

Union

• and -

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

Employer

BEFORE

Adam Beatty

Arbitrator

FOR THE UNION

Sevda Mansour Raven Law LLP Counsel

FOR THE EMPLOYER

Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel

HEARING

October 23, 2025

Decision

1The parties appeared before the Board on October 23, 2025. The Grievor has been off work due to various medical issues since 2023. The Union filed a grievance, dated September 17, 2024, alleging that the Employer discriminated against the Grievor by forcing her onto an approved unpaid leave of absence. The Employer denies the Union’s allegations.

2At the hearing of this matter, the parties requested that the Board issue the following consent award.

CONSENT AWARD

1. Within sixty (60) days of the release of this award, the Grievor will be placed into the Employer’s Health Reassignment Program (the “HeRe Program”).

2. To facilitate the implementation of the HeRe Program, within sixty (60) days of the release of this award, the Grievor will provide the following information.

(a) An updated resume on which the Employer will rely for purposes of the job search pursuant to the HeRe Program.

(b) Confirm the geographical region(s) she would like the Employer to consider for job search parameters.

(c) Provide clearly articulated medical restrictions and limitations from her treating practitioner. Unless otherwise indicated, the Employer will rely on the information provided by the Grievor’s treating practitioner on August 26, 2025 and on October 9, 2025 for purposes of considering alternate job opportunities. The Grievor can provide, or may be asked to provide, updated medical and will cooperate with any such request.

3. The Grievor will apply/reapply/appeal (as appropriate) for LTIP and agrees to exhaust all available processes (as required).

4. The Employer will provide the Grievor with access to restricted job postings, for up to one (1) year, as soon as possible. The Grievor will apply for any positions of interest.

5. The Grievor will resubmit a lateral transfer form and may renew that form upon its expiry (if required).

6. The Parties agree that hearing dates in this matter will be scheduled for February 18, March 31, and April 13, 2027.

7. In the event the parties are unable to resolve this matter, the parties reserve their rights to take whatever position they wish, preliminary or otherwise, with respect to the grievance at issue.

8. I will remain seized with respect to the interpretation, implementation, and enforcement of this consent award.