HomeMy WebLinkAboutP-2015-2081.Huppmann.16-01-25 DecisionPublic Service
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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-2015-2081
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE ACT OF ONTARIO
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Richard Huppmann Complainant
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Marilyn A. Nairn Vice-Chair
FOR THE COMPLAINANT
Richard Huppmann
FOR THE EMPLOYER Peter Dailleboust
Treasury Board Secretariat
Legal Services Branch
Counsel
- 1 -
DECISION
[1] This application has been scheduled for mediation on April 6, 2016. However, the
employer has advised the Registrar of the Board that it has no position to mediate. In
light of this circumstance, I hereby direct that the matter be set down for arbitration on
April 6, 2016. Should circumstances change, mediation remains an option available to
the parties and the Board at any time. However, in the interests of not further delaying
this matter, it is prudent to ensure that the parties are ready to proceed and that the
complainant, Richard Huppmann, is not surprised by the employer’s position on that
day.
[2] Therefore, in preparation for the hearing of this application and to ensure that
both parties are prepared to proceed on April 6, 2016, I hereby make the following
interim orders:
[3] I hereby direct the complainant, Richard Huppmann, as follows:
a) The complainant is to provide in writing to the employer and to the
Board particulars of the events complained of. Particulars reflect the
“who, what, when, and where” of the allegations being asserted against
the employer. Particulars do not include the actual evidence that may
be tendered at a hearing in support of the allegations. The complainant
is advised that the purpose of providing particulars is to avoid a party
being taken by surprise at the hearing by factual matters not previously
asserted.
b) In addition, the complainant is to provide to the employer copies of any
and all documentary material upon which he intends to rely at the
hearing of his application.
[4] The particulars and production directed in paragraph 3 above are to be provided
by the complainant to the employer by no later than Tuesday, February 23, 2016.
A copy of the particulars is to be forwarded to the Board at the same time.
[5] I hereby direct the employer as follows:
a) The employer is to provide to the complainant a copy of any and all
documentary material upon which it intends to rely at the hearing. Any
such documentary material is to be provided to the complainant by the
employer by no later than Thursday, March 17, 2016.
b) The employer is further directed to deliver its response to the application
in Form 2 with full particulars as required by Part C of that document.
The Form 2 is to be delivered to the Board by no later than Thursday,
March 17, 2016.
- 2 -
[6] Should any other issues of a pre-hearing nature arise, the parties are
directed to contact the Registrar of the Board and so advise. I hereby direct the
Registrar to re-issue the Notice of Proceeding advising the parties that this matter
has now been set down for arbitration on Wednesday, April 6, 2016.
Dated at Toronto, Ontario this 25th day of January 2016.
Marilyn A. Nairn, Vice Chair