HomeMy WebLinkAbout2014-4401.Raja.15-12-22 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#2014-4401, 2015-1575
UNION#2014-0506-0014, 2015-0506-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Raja) Union
- and -
The Crown in Right of Ontario
(Ministry of Transportation) Employer
BEFORE Nimal Dissanayake Vice-Chair
FOR THE UNION John Brewin
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Lisa Compagnone
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL December 17, 2015
- 2 -
Decision
[1] The Board is seized with a grievance filed by Mr. Faisal Raja. He grieves that
he has been terminated without just cause. Additionally he has alleged that
the employer had discriminated against him. This is a written confirmation of
an oral ruling at the conclusion of the teleconference.
[2] This is a case where the employer bears the onus on the termination issue, while
the union has the burden of proof in relation to the discrimination allegations.
They were in dispute as to the hearing process that should be followed in the
circumstances of the mixed onus.
[3] The union’s position was that the discrimination issues should be severed and
disposed of first, before dealing with the termination issue. The employer, on
the other hand, argued that the termination matter ought to be bifurcated and
dealt with first, before turning to the discrimination allegations.
[4] Having considered the issues involved, and the nature and extent of the
evidence that may reasonably be anticipated, I orally ruled on the matter to the
effect that in the circumstances, neither position advanced by the respective
parties was appropriate. It was ordered that all of the issues raised by the
grievance be heard without bifurcation. To address the existence of a mixed
onus, the employer will proceed first with its evidence on the termination, after
which the union will have opportunity to respond with its evidence on that issue,
and also to lead its evidence to substantiate its discrimination allegations. Next,
the employer would lead any reply evidence on the termination issue, and its
evidence in response to the discrimination allegations. Finally, the union will
have the opportunity to call any reply evidence it may have on the discrimination
allegations. It was ruled that the closing submissions would follow the same
sequence.
- 3 -
[5] The oral ruling rendered is hereby confirmed. The hearing will proceed on the
scheduled dates in accordance with the Board’s ruling.
Dated at Toronto, Ontario this 22nd day of December 2015.
Nimal Dissanayake, Vice Chair