Employer Ordered to Proceed First in Human Rights Case
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The GSB has ruled that in arbitrations involving an allegation of failure to accommodate the Employer should proceed first where it is not disputed that the grievor suffers from a disability. (Typically, the Union is required to proceed first in all arbitration hearings except those involving discipline.)
Gloria Kerna has worked for the Ontario Human Rights Commission for 23 years. In January 2002 she requested accommodation due to a medical condition. The accommodation sought was to remain in her position as an Investigations Officer with a reduced workload. The request was approved initially. When her medical condition did not improve as anticipated she
requested a continuation of the accommodation. The Employer refused her request and temporarily reassigned her to a lower rated position while red-circling her salary. She grieved that continuing the original accommodation would not have resulted in undue hardship to the Commission.
At the first day of hearing the Union argued that the Employer should proceed first as only it was in a position to explain the reason(s) why the Employer determined that it could not continue to accommodate the grievor in her home position with a reduced workload. The GSB agreed with the Union’s position and ordered the Employer to proceed first.
Additional hearing dates are scheduled in July.
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