HomeMy WebLinkAboutJackson 13-11-11IN THE MATTER OF AN ARBITRATION UNDER
THE ONTARIO LABOUR RELATIONS ACT
KINGSTON GENERAL HOSPITAL
( "the Employer")
AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
ARBITRATOR:
EMPLOYER COUNSEL:
UNION COUNSEL:
( "the Union ")
GRIEVANCE RE LYNDA JACKSON
2012 -0444 -0013
AWARD
BARRY STEPHENS
PETER HASS, Human Resources Advisor, KGH
PEGGY SMITH, Counsel, Peggy E. Smith Law Office
BEV WEAVER, OPSEU Local 444 Bargaining Unit President
INCUMBENT: DAVID MARKOTICH
HEARINGS HELD BY TELECONFERENCE
ON NOVEMBER 1, 2013
AWARD
Introduction
[1] This grievance relates to the grievor's unsuccessful application for a job
competition for the position of Clinical CRD /RAD Therapist, run in January 2012. The
incumbent, David Markotich, was given proper notice of the arbitration and participated
in the teleconference hearing on his own behalf. After discussing the matter with the
parties it became apparent that there were obvious defects in the job posting process
that would require the rerunning of the job interview process in that the interview panel
had not kept separate notes or scoring of the candidates. I note that the parties
addressed this process issue previously, and they reached agreement in that case that
failure to retain separate scoring of the candidates did not meet the level of fairness and
objectivity necessary for the integrity of the interview process.
[2] After reaching my conclusions about the facts, it was my view that the interests
of the parties were best served by proceeding directly to the rerunning of the interview
process, rather than engaging in a lengthy hearing. The parties did not object to this
approach.
[3] As a result, I order as follows:
1. The following documents are to be removed from the grievor's permanent
employee file:
a. Letter dated July 26th, 2007 (2 pages)
b. Employee Termination Form dated March 19th, 2010
2. Job competition for Clinical Crd /Rad Therapist held in January of 2012 will be re-
run. The existing list of applicants from the original posting will be used. The
process used in the re -run will meet the established standards for measuring
skill, ability, qualification and experience.
3. The grievor will be provided with an Educational Allowance of seven thousand
($7000.00), without statutory deductions. Said monies are for the exclusive use
of the grievor in personal developmental opportunities. A general accounting of
those monies is to be provided to the appropriate HR Advisor every 6 months
until the monies are exhausted.
4. If required, requests for time clearances for the aforementioned developmental
opportunities are to be submitted to the appropriate HR Advisor for
presentation to the operating department.
5. Arbitrator Stephens remains seized with regards to any specific issue related to
fair and reasonable access to educational opportunities, and the general
disposition of the matters at hand.
Conclusion
[4] The grievance is upheld in accordance with the above order, and I retain
jurisdiction as set in paragraph 5 therein.
Barry Stephen , rbitrator
November 11, 2013
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