HomeMy WebLinkAboutP-2013-1041.Houghton.13-08-16 DecisionPublic Service
Grievance Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission des
griefs de la fonction
publique
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
P-2013-1041
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Doug Houghton Complainant
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Donald D. Carter Chair
FOR THE
COMPLAINANT
Doug Houghton
FOR THE EMPLOYER Peter Dailleboust
Ministry of Government Services
Legal Services Branch
Counsel
WRITTEN
SUBMISSIONS
July 17, 2013
August 16, 2013
- 2 -
Decision
[1] The complainant seeks interim relief in this matter. His request for relief states that, on
June 10, 2013, he was advised by the employer that his current job as a Field Intelligence Officer
at the Central North Correctional Centre was being offered up for province wide competition. It
further states that he was advised that, if we were not successful in the competition, he would be
eligible to compete for other jobs or be declared surplus and face potential termination of his
employment.
[2] The complainant argues that the employer’s actions were in breach of his employment
contract since he had not been issued a surplus notice or vacated the position in any fashion. He
further argues that interim relief is required because he would be denied an effective remedy if
the employer concludes the competition and removes him from his current position. The
granting of interim relief, according to the complainant, would preserve the status quo and not
cause undue hardship or inconvenience for the employer.
[3] The employer’s response to this request takes the position that the complainant does not
have an arguable case on the merits but, even if he does, the test of balance of harm favours the
employer since the order sought would prevent the planned reorganization of its work force for
an extended period of time. Furthermore, interim relief was not necessary in this case since the
Public Service Grievance Board could fashion an appropriate remedy if the complainant was
successful on the merits.
[4] After considering the submissions in this matter, the Board has decided that the
complainant has not made out a case for interim relief. The Board has reached this decision
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without making any determination as to the possible success of this complaint and without
dealing with the balance of harm. The Board’s decision is based on a conclusion that its
remedial powers are sufficiently comprehensive to provide an adequate remedy to the
complainant if it should decide that his terms and conditions of employment have been breached.
The Board has a broad remedial power that includes orders of reinstatement to employment, the
awarding of compensatory damages, and other types of orders to remedy a breach of terms of
conditions of employment. These powers, in the Board’s view, would provide the complainant
with an appropriate remedy if his complaint succeeds.
[5] This application for interim relief is dismissed.
Dated at Toronto, Ontario this 16th day of August 2013.
Donald D. Carter, Chair