HomeMy WebLinkAbout2017-0402.Botari.18-02-27 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 February 23, 2018
- 2 -
Decision
[1] This is a discharge case. There is one day (March 7, 2018) available to
complete the evidence of one of the Employer’s witnesses before he is assigned
over seas for a period of two years. Accordingly, have considered the
representations of the parties, I make the following directions.
[2] Subject to what follows, the Employer is directed to file the balance of the
evidence in chief of Jean-Luc Hache (the “declarant”) in the form of a declaration.
The declaration may contain statements based on information and belief in
addition to statements based on personal knowledge of the declarant. When a
statement is based on information and belief, the declaration shall so indicate
and give the source. Statements which are based on information and belief may
be given less or no weight, as determined by the Arbitrator. Documents intended
to be relied upon at the hearing shall be properly identified by the declarant and
shall accompany the declaration unless already filed as exhibits at the hearing.
The declaration shall be signed by the declarant and will contain the following
statement: “This declaration was prepared by me or under my instruction and I
hereby confirm its accuracy.” The declaration is to be filed no later than 5:00 PM
on March 5, 2018.
[3] It is anticipated that certain time sheets and expense claim records which are
alleged to have been completed by the Complainant and submitted by him to the
Canadian Armed Forces of the Department of National Defence (“DND”) will be
among the documents referred to by the declarant. Copies of those documents
have already been produced by the Employer to the Association. The
Association is directed to advise the Employer no later than 5:00 PM on March 5,
2018 whether it challenges the authenticity of any of those documents, and if so
which ones.
[4] On the next hearing date, the Employer may amplify or supplement the evidence
in the declaration through viva voce evidence. The time spent in eliciting that
evidence shall not exceed 45 minutes. The Association shall have 3 hours and
45 minutes for cross examination of the declarant. The Employer shall have 30
minutes in re-examination. The hearing shall commence at 9:30 AM.
[5] Time spent by a party making an objection is considered to be part of the time for
its case.
[6] Time limits may only be extended by leave of the Arbitrator.
Dated at Toronto, Ontario this 27th day of February 2018.
“Ian Anderson”
Ian Anderson, Arbitrator