HomeMy WebLinkAbout2017-0402.Botari.18-01-18 Decision
Crown 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#2017-0402
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
The Association of Management, Administrative and Professional
Crown Employees of Ontario
(Botari)
Association
- and –
The Crown in Right of Ontario
(Ministry of Labour) Employer
BEFORE Ian Anderson Arbitrator
FOR THE
ASSOCIATION
Marisa Pollock
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER George Parris
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 18, 2018
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Decision
[1] This is termination case. A hearing was held for the purposes of considering
certain case management issues. Having regard to the representations of the
parties, I make the directions listed below.
[2] The Employer is directed to:
i. on or before January 31, 2018, provide the Association with full particulars
of the facts upon which it relies in support of its decision to terminate the
Complainant’s employment.
ii. on or before January 31, 2018, provide the Association with a copy of all
documents within its possession and control:
a. upon which it relied in making the decision to terminate the
Complainant’s employment;
b. contained in the FIT file, and any additional documents generated
or received by the FIT Investigators in the course of or in relation to
their investigation of the Complainant;
c. reflecting communications between the Employer and DND with
respect to the Complainant;
d. constituting communications between representatives of the
Employer with respect to the investigation of the Complainant’s
conduct or decision to terminate his employment;
e. any notes taken by any of the Employer’s representatives during or
in relation to the allegation meeting held on or about March 9, 2017;
f. any notes taken by any of the Employer’s representatives during or
in relation to the termination meeting held on or about March 17,
2017;
g. any other documents upon which the Employer intends to rely in
these proceedings.
iii. as soon as reasonably possible, provide the Association with an electronic
copy of all email communications contained in the Complainant’s work
email account for the period in issue. All such email communications will
be kept confidential as between the parties and will be used only for the
purposes of these proceedings.
[3] The Association is directed to:
i. provide the Employer with copies of any communications between the
Complainant and DND with respect to work or training he was requested
or directed to perform or undertake during the period in issue;
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ii. provide the Employer with copies of any notes taken by the Complainant
or the AMAPCEO workplace representative during or in relation to the
allegation meeting held on or about March 9, 2017;
iii. provide the Employer with any documents which it reasonably anticipates
it will rely upon in these proceedings.
Dated at Toronto, Ontario this 18th day of January 2018.
“Ian Anderson”
Ian Anderson, Arbitrator