HomeMy WebLinkAboutP-2017-2377.Aspiotis.18-05-23 Decision
Public Service
Grievance Board
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Toronto, Ontario M5G 1Z8
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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# P-2017-2377
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Aspiotis Complainant
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Brendan Morgan Vice-Chair
FOR THE
COMPLAINANT
Jim Aspiotis
FOR THE EMPLOYER Peter Dailleboust
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING April 26, 2018
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PRELIMINARY DECISION
A. BACKGROUND
[1] The Complainant, Mr. Jim Aspiotis, is employed by the Ministry of Community
Safety and Correctional Services (“CSCS” or the “employer”). At all relevant
times he alleges that he has been employed within the Correctional Services
Oversight and Investigations unit (“CSOI”).
[2] On or about November 17, 2017, the Complainant filed a complaint contesting
the restructuring that took place within the “Correctional Services Oversight and
Investigations” unit. The Complainant alleged his position had been made
redundant and as a result he had been improperly reassigned to another
position. In the alternative, the Complainant alleged that the employer’s actions
had lead to his being “constructively dismissed” from his employment
notwithstanding his continued employment with the employer.
[3] The Employer in the course of the filing of their response raised a preliminary
objection that the reassignment of the Complainant was not reviewable by the
PSGB nor was the evaluation of the Complainant’s work performance.
[4] The Employer did agree to engage in a mediation session failing which they
intended to rely upon their preliminary position that the complaint should be
dismissed as being beyond the jurisdiction of the PSGB.
[5] A mediation session was scheduled for April 26, 2018.
B. MEDIATION AND SUBSEQUENT DIRECTION TO THE PARTIES
[6] Unfortunately the Parties were unable to resolve the matter at the April 26, 2018,
mediation session. The question was left with the Board as to how to address the
Employer’s objection with respect to the Board’s lack of jurisdiction in an efficient
and thorough manner.
[7] Having heard the positions of the Complainant and Employer the Board therefore
orders as follows:
1. The Respondent Employer shall, by no later than Wednesday, June 6, 2018,
file with the Board and Complainant, written submissions as to why this Board
lacks the jurisdiction to hear the substantive issues raised by the Complainant
in his Form 1 Application. The Employer shall restrict its’ submissions to the
issues raised by the Complainant’s Form 1 Application.
2. The Board further directs the Employer to provide copies of all authorities,
statutes and regulations that it relies upon in its written submissions.
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3. The Complainant shall file a response to the Respondent Employer’s
submissions by no later than Friday, June 22, 2018. The Complainant shall
restrict his response solely to the issues raised by the Employer in its’
submissions.
4. The Respondent shall file written reply, if it so chooses, to the submissions of
the Complainant by no later than June 28, 2018.
5. The Board directs the Complainant and Employer to file these submissions in
accordance with the Board’s usual practice.
Dated at Toronto, Ontario this 23rd day of May, 2018.
“Brendan Morgan”
_______________________
Brendan Morgan, Vice-Chair