HomeMy WebLinkAbout2010-2669.Heathcote.13-10-09 DecisionCrown Employees
Grievance
Settlement Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2010-2669, 2010-2670
UNION#2011-0234-0003, 2011-0234-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Heathcote) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Daniel Harris Vice-Chair
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Jonathan Rabinovitch
Ministry of Government Services
Legal Services Branch
Counsel
HEARING October 4, 2013 Conference Call
- 2 -
Decision
[1] This matter came on for a teleconference hearing on October 4, 2013. It is scheduled
for hearing on October 29, 2013. The Union seeks an adjournment, which the
Employer opposes.
[2] The basis of the adjournment request is that the grievor is currently on LTIP and the
nature of his illness prevents him from assisting in the preparation of his case and
participating in the hearing itself. The Employer agreed to an adjournment of the
previous hearing date of March 18, 2013. That date was adjourned for substantially
the same reasons as the present request. The Employer submitted that some of the
allegations stretch back to 2007. It said that it was unfair to prolong further the
proceedings given the already significant delay. The hearing will largely turn on the
facts, and witnesses’ recall and availability is diminishing.
[3] Having carefully considered the matter with a view to balancing the prejudice to the
parties, in my view it is appropriate to grant an adjournment of six months in order to
provide the grievor the opportunity to participate in the litigation of his grievance.
[4] Accordingly, the request for an adjournment is granted.
Dated at Toronto, Ontario this 9th day of October, 2013.
Daniel Harris, Vice-Chair