HomeMy WebLinkAboutP-2013-1586.Graham.13-08-27 DecisionPublic Service
Grievance Board
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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-2013-1586
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Bruce Graham Complainant
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Donald D. Carter Vice-Chair
FOR THE
COMPLAINANT
Bruce Graham
FOR THE EMPLOYER Peter Dailleboust
Ministry of Government Services
Legal Services Branch
Counsel
WRITTEN SUBMISSIONS August 20, 2013
August 26, 2013
- 2 -
Decision
[1] The complainant seeks interim relief in this matter arising from his Form 1 Application
and his Form 1a Application. His request for relief seeks to postpone an anticipated job
competition process. He argues that he has established an arguable case on the merits and the
harm of possible dismissal that he now faces outweighs any possible harm to the employer that
would result from the postponement that he requests. In support of his request for relief, he cites
the decision of the Ontario Grievance Settlement Board in Ontario Public Service Employees
Union v. Ontario (Ministry of Community Safety and Correctional Services) (Ranger) 2004
CanLII 55367 – a case where that Board found that the medical evidence justified an interim
order to direct the employer to place the grievor in a job that accommodated his medical
restrictions while the matter was heard on its merits.
In this case, the Grievance Settlement Board used its authority to make an interim order to direct
the employer to comply with its obligation under human rights legislation to accommodate a
disabled employee.
[2] 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
complainant’s submissions do not establish any significant harm that could not be redressed by
the normal remedial powers of the Public Service Grievance Board.
[3] After considering the submissions in this matter, the Board has decided that the
complainant has not made out a case for interim relief. The complainant in his submissions
- 3 -
made a number of arguments in support of his complaints but none of them establish that the
Board’s remedial powers would be insufficient to fashion an appropriate remedy following a full
hearing of the merits of his complaints. 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 any breach of the complainant’s terms of conditions of employment. These
powers, in the Board’s view, would provide the complainant with an appropriate remedy if his
complaint should succeed.
[4] This application for interim relief is dismissed.
Dated at Toronto, Ontario this 27th day of August 2013.
Donald D. Carter, Chair