PSGB# P-2017-3388, P#2018-0617, P#2018-0618

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Taylor

Complainant

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Brendan Morgan

Vice-Chair

FOR THE COMPLAINANT

Vicki Taylor

FOR THE EMPLOYER

Jonathan Rabinovitch Treasury Board Secretariat Legal Services Branch Counsel

HEARING

May 22, 2018

DECISION

PRELIMINARY DECISION AND DIRECTION TO THE PARTIES

A. BACKGROUND

1The Complainant, Ms. Vicki Taylor, filed three complaints with the Board with respect to her employment with her Employer, the Ministry of Community of Community Safety and Correctional Services (“CSCS” or the “Employer”).

2The Complainant has at all relevant times been employed at the Employer’s Central East Correctional Centre (“CECC”) located in Lindsay, Ontario.

3The Complainant’s original complaint was received by the Board on February 5, 2018 and was assigned Board file number P-2017-3388. This complaint alleges that the Employer had “withheld documents requested by the benefits provider.” The Complainant goes on to claim that the Employer’s conduct has resulted in her being denied certain long-term benefit coverage.

4In its Form 2 response the Employer denied that these documents had been withheld from the Complainant. The Employer further advised the Board that the Complainant has filed a complaint with the Ontario Human Rights Commission with respect to her employment at the CECC.

5A second and third complaint was received by the Board on May 14, 2018. These were assigned file numbers P-2018-0617 and P-2018-0618 respectively.

6Board file P-2018-0617 alleges that the Employer has failed to accommodate the Complainant.

7Board file P-2018-0618 alleges that the Employer has harassed and bullied the Complainant.

8A mediation session for all three Board files was scheduled for May 22, 2018 and conducted at the Board’s office.

B. THE MEDIATION

9Unfortunately the parties were unable to resolve any of their outstanding differences at the May 22, 2018, mediation session.

10With respect to Board file P-2017-3388 the Complainant and the Employer disagreed as to what documents were outstanding and who was responsible for the production of these documents and, finally, who was responsible for ensuring the documents were properly completed.

11It is the Board’s understanding that the documents in question relate to a Long Term Insurance Plan (“LTIP”) claim that the Complainant had elected to pursue following certain work place events that took place over several months culminating in 2016.

12It is sufficient to state, however, that both parties suggested that the other was responsible for the failure of the claim to be processed. The Employer took the position that the requisite documents required to initiate the claim had been forwarded to the Complainant by the appropriate governmental office.

13The Complainant, however, suggested that the initiating documents had not been forwarded to her in a timely fashion nor had she received any secondary forms from another governmental department. As a result she had been without any form of income for several months.

14Further, the Parties found no common ground of agreement upon which either or both Board files P-2018-6017 and P-2018-6018 could be resolved.

15The Complainant explained that the allegations of bullying and harassment stemmed from certain incidents that took place at her workplace prior to her taking leave in 2016. She stated that without these issues being resolved she would be unable to return to work. The Complainant further suggested that the request for accommodation rests fundamentally on the need for the Employer to remove or reassign a number of individuals from her workplace. Once again the Complainant asserted that this is a necessary prerequisite for her to return to work.

16The Employer denied that it had engaged in acts of harassment or bullying of the Complainant. They noted that the Complainant had not attended at work since 2016.

17In addition the Employer further denied that that the Complainant required accommodation. In the alternative the Employer took the position that the Board lacked the jurisdiction to provide any of the remedies sought by the Complainant.

C. DIRECTION TO THE PARTIES

18With respect to Board File P-2017-3388:

(1) The Board will schedule a conference call for the following purposes:

a) To determine if there are any remaining factual disputes and if so, whether it can be resolved without oral evidence, based on the information exchanged prior to the call, pursuant to the directions below and discussions during the call.

b) If there are no remaining significant factual disputes, to hear any legal or other argument the parties wish to make on the issues involved in the first complaint concerning allegations that the employer withheld documents requested by the benefits provider , and whether the Board ought to grant the remedies requested by the Complainant. The Board will then decide whether or not to grant the complaint.

c) If there are significant remaining factual disputes, the Board will discuss with the parties how to deal with them and give further direction as needed.

(2) On or before August 7th, 2018, the Complainant will:

a) Send the Employer Counsel and the Board a copy of the documents that she relies upon in respect of her complaint, including any correspondence received by the Complainant from the LTIP insurance carrier with respect to the status of the Complainant’s LTIP claim and a copy of the relevant LTIP policy that the Complainant is relying upon if she has that policy.

b) Indicate what documents she believes she requires from the Employer and/or related Ministry authority to complete the LTIP claim;

c) List all documents related to the LTIP claim that she has received from the Employer and/or any related Ministry authority and when these documents were received;

(3) On or before August 15th, 2018, the Employer will:

a) Send the Complainant and the Board a copy of the documents the Employer relies upon in respect of the complaint including any correspondence received by the Employer from the LTIP insurance carrier with respect to the status of the Complainant’s LTIP claim;

b) Respond to the material filed by the Complainant with respect to the LTIP claim and when those documents were provided to the Complainant;

c) Identify all documents that the Employer has provided to the Complainant with respect to the LTIP claim and when those documents were provided to the Complainant;

d) Provide a copy of the relevant LTIP policy if the Complainant has not provided it.

(4) By August 22nd, 2018, the Complainant will respond to the Employer’s documents and Form 2 statement of disputed facts, indicating whether she accepts the facts stated by the Employer, and if not giving her version of what would be the correct facts.

(5) The Board will propose dates for a conference call through the Registrar’s office in the near future.

19With respect to Board Files P-2018-0617 and P-2018-0618 the Board directs the following:

(i) The Employer shall complete its response to both complaints by no later than August 17th, 2018 including any preliminary objections it might wish to pursue;

(ii) Upon receipt of the Employer’s submission the Board shall schedule a teleconference to determine how these two Board files are to proceed.