HomeMy WebLinkAboutP-2014-4875.Ihasz.15-11-23.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
PSGB#P-2014-4875
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE ACT OF ONTARIO
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Ron Ihasz Complainant
- and -
The Crown in Right of Ontario
(Ministry of Finance) Employer
BEFORE Marilyn A. Nairn Vice-Chair
FOR THE
COMPLAINANT
Ron Ihasz
FOR THE EMPLOYER Ferina Murji
Treasury Board Secretariat
Legal Services Branch
Counsel
SUBMISSIONS October 30, November 13, 2015
- 1 -
Decision
[1] The Board has issued interim decisions dated April 17, September 17, and
October 30, 2015 addressing the complainant’s request for accommodation of the
hearing and the need for appropriate and sufficient medical information in order for the
Board to be able to assess that request. Notwithstanding that the complainant was
advised in the April 2015 decision that the hearing scheduled for September 18, 2015
might proceed in his absence should he not attend on that date and not provide
appropriate and sufficient medical documentation to support any reason for his
absence, the scheduled hearing date of September 18, 2015 was adjourned in order to
allow the complainant a further opportunity to address this issue by providing the Board
with appropriate and sufficient medical documentation by November 20, 2015 to support
his request for an accommodation of the hearing.
[2] The nature of both an accommodation request and the hearing process were set
out in the April and September decisions for the benefit of both the complainant and any
treating medical practitioner. By e-mail dated October 22, 2015 the complainant sought
to “vary/change” the Board’s decision of September 17, 2015. The employer took the
position that the complaint ought to be dismissed.
[3] The October 30, 2015 decision deferred any consideration of the employer’s
request that the complaint be dismissed. The decision declined to vary the September
17, 2015 decision and reiterated that the complainant remained subject to the directions
set out in the September 17, 2015 decision, that is, to provide appropriate and sufficient
medical documentation to support any request for the accommodation of the hearing
process and to provide particulars of his complaint. The complainant was advised that
he continued to have until November 20, 2015 to comply.
[4] Apparently in immediate response to the receipt of the October 30, 2015
decision, the complainant sent an e-mail to the Board on October 30, 2015 stating as
follows:
My responses are final, we are not agreeing to push this to November 20th so nthat
[sic] the P.S.G.B. can comply with the MINISTRTY [sic].
MAKE A DECISION NOW OR KILL THE COMPALINT [sic] NEXT WEEK & THEN
I WILL FILE A H.R.T.O. COMPLAINT!!!!!
[5] The Board did not respond to that e-mail. By a further e-mail sent to the Board on
November 13, 2015 the complainant stated:
PSGB#P-2014-4875 vs. M.G.C.S. is withdrawn. I never filed a grievance against
the Ministry of Finance.
[6] The deadline of November 20, 2015 has now passed. The complainant has not
provided the Board with any further medical documentation. To the extent that the
complainant has asserted that the employer took certain actions, for example, in
surplussing his employment in 2012, in placing him on “discretionary leave without pay”
- 2 -
rather than “sick leave without pay”, or requiring him to provide more fulsome medical
evidence in support of his leave of absence from work, there is no basis for
understanding why these actions (even assuming the truth of the conduct) were
allegedly improper.
[7] In any event, the complainant has advised that he is withdrawing his complaint.
In that circumstance, the Board concludes that these proceedings are hereby
terminated, the complaint having been withdrawn.
Dated at Toronto, Ontario this 23rd day of November 2015.
Marilyn A. Nairn, Vice-Chair