HomeMy WebLinkAbout1999-0643.Farar-Hibbert.01-03-23 Decision
o NTARl 0 EMPLOYES DE LA COL'RONNE
CROWN EMPLOYEES DE L 'ONTARIO
. . GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 128 TELEPHONE/TELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396
GSB #0643/99
OPSEU#99C675
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Befo re
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Farkas-Hibbert)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Transportation)
Employer
BEFORE Loretta Mikus Vice Chair
FOR THE Ms Robin Gordon
GRIEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE Carol Ann Witt, Counsel
EMPLOYER Legal Services Branch
Management Board Secretariat
HEARING March 7, 2001
ORDER
The grievor, Agi Farkas-Hibbert, filed a grievance alleging the Employer was in
violation of the collective agreement when it denied her special and compassionate leave
under article 49 Specifically, she requested and was denied leave, to attend the funeral in
Barrie of her spouse=s aunt, someone she was very close to and she considered a friend
The parties agreed that I should consider her request for leave under that provision as if it were
her original request and not to deal with the issue of the Employer=s decision to deny the
leave
Having considered the case law provided to me by the parties, I am of the view she
should have been granted one day with pay to attend the funeral but that her request for a travel
day was not consistent with the Board=s jurisprudence and must therefore be denied
The grievance succeeds in part. The grievor then is entitled to one day of special leave
with pay under article 49
Dated at Toronto, this 23rd day of March, 2001
Loretta Mikus, Vice-Chair