HomeMy WebLinkAboutP-2016-1233.Laforest.17-01-06 Decision
Public 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#2016-1233
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Mario Laforest 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
Mario Laforest
FOR THE EMPLOYER Henry Huang
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 6, 2017
- 2 -
Decision
[1] This complaint claims payment for a missed overtime opportunity for a 12-hour
overtime shift on July 25, 2016. The employer raised a preliminary objection to the
Board’s jurisdiction to hear the complaint. That objection was heard.
[2] For reasons given orally at the hearing, this complaint must be dismissed. There
was no dispute that the complainant failed to provide any notice of proposal to file a
complaint to the Deputy Minister in accordance with sub-section 8 (1) 1 of Ontario
Regulation 378/07. Further, in accordance with sub-section 8 (4) 3 of that regulation,
that notice must be given within 14 days after the complainant becomes aware of the
working condition or term of employment giving rise to the complaint. Failure to provide
notice to the Deputy Minister also results in a failure to provide timely notice of proposal
to file a complaint to the Deputy Minister.
[3] The failure to provide notice of proposal to file a complaint to the Deputy Minister
is fatal to the complaint. The Board has no jurisdiction to entertain a complaint where
the relevant Deputy Minister has not been provided with notice of proposal to file a
complaint and the dispute resolution process provided for in section 9 of O. Reg. 378/07
has not thereby run its course. See paragraphs 6-8 of the Board’s decision in Muldoon
v. Ontario (Ministry of Community Safety and Correctional Services), 2011 CanLII
83724.
[4] This complaint is hereby dismissed.
Dated at Toronto, Ontario this 6th day of January 2017.
Marilyn A. Nairn, Vice Chair