Grievance Settlement Board Decision: Accommodating Medical Needs in the Workplace

The Grievance Settlement Board, in a decision made on June 17, 2024, addressed the issue of accommodating medical needs in the workplace. The case involved Ms. Joan McCormack, a Court Client Representative employed by the Ontario Public Service, who had filed two grievances alleging that the employer's refusal to allow her to work remotely due to medical restrictions imposed by her doctor violated several provisions of the collective agreement. The Board considered the competing interests of the union and the employer, weighing the grievor's need for accommodation against the employer's concerns about undue delay.

Key Takeaways:

• The Grievance Settlement Board recognized the grievor's right to be accommodated under the collective agreement and the Ontario Human Rights Code, but also acknowledged the employer's concerns about undue delay.
• The Board found that adjournment sine die was not warranted at this time, but instead set a new timeline for the union to provide full particulars and disclosure by September 25, 2025.
• The employer will convene before the Board to deal with any issues arising from the union's inability to meet the deadline, including motions to extend timelines or dismiss the grievances.
• The Board remains seized with the two grievances and will address any further motions or issues that arise.
• The decision highlights the importance of balancing competing interests in the workplace, particularly with regards to accommodations for employees with medical needs.

Statistics:

• The union was granted 15 months to provide full particulars and disclosure, with a deadline of September 25, 2025.
• The employer has the option to bring a motion to dismiss the grievances or to extend the timelines for providing full particulars and disclosure.
• The Board will convene to address any issues arising from the union's inability to meet the deadline, including but not limited to motions to further extend the timelines or dismiss the grievances (paragraph 3).
• The employer expressed sympathy towards the grievor and acknowledged the union's concerns, but ultimately took the position that it was not prepared to agree to hold the grievances on hold indefinitely (paragraph 7).

Sources:

• IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (McCormack) Union - and - The Crown in Right of Ontario (Ministry of the Attorney General) Employer BEFORE Nimal Dissanayake Arbitrator.