HomeMy WebLinkAboutP-2017-3347.Wilson.18-08-09 Decision
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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-2017-3347
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Wilson Complainant
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The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Brendan Morgan Vice-Chair
FOR THE
COMPLAINANT
Lisa-Marie Wilson
FOR THE EMPLOYER Shiran Brener
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING June 11, 2018
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DECISION
A. BACKGROUND
[1] A mediation session was conducted with the Complainant and the Employer at
the Board’s offices on June 11, 2018.
[2] During the course of the mediation Counsel for the Employer advised that there
was no likelihood of the matter being resolved.
[3] In the absence of a mediated resolution the Employer requested that the Board
turn its attention to the preliminary issue with respect to the timeliness of the
complaint that the Employer described in its ‘Form 2 – Response’.
[4] The Employer’s preliminary objection to the Complaint is described in ‘Section B’
of the Form 2 submissions. In summary the Employer submits that the
Complainant’s ‘Form 1 – Application’ should be dismissed on the basis the
Complainant did not give notice of her complaint within the required notice period
set out in Ontario Regulation 378/07.
[5] Although the Complainant had received the Employer’s Form 2 response
including the written submissions describing the ‘Timeliness Objection’ prior to
the hearing it was acknowledged that the Complainant required additional time to
adequately address this issue.
[6] The Complainant was provided with a copy of the Employer’s “Book of
Documents” that contained the authorities that the Employer intended to rely
upon in support of its timeliness objection.
[7] It was acknowledged by Counsel for the Employer that the written submissions
described in ‘Section B’ of its Form 2 Response and the accompanying
authorities provided at the mediation session were to be relied upon by the Board
in the event that the timeliness objection needed to be addressed.
B. DIRECTION TO THE PARTIES
[8] The Board shall schedule a teleconference hearing with the parties to accept oral
submissions solely with respect to the Employer’s preliminary objection as to the
timeliness of the Complainant’s complaint as set out in ‘Section B’ of the
Employer’s Form 2 Response.
[9] Subject to any further submissions from Counsel for the Employer, the
Complainant is to rely upon the written submissions set out in Section B of the
Employer’s Form 2 Response and the accompanying authorities provided to the
Complainant at the mediation session.
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[10] Should the Complainant wish to rely upon any alternative authorities the
Complainant shall advise the Board and Employer as to the identity of these
authorities five days before the teleconference hearing.
[11] The Board shall propose dates for the Conference call through the Registrar’s
Office in the near future.
Dated at Toronto, Ontario this 9th day of August, 2018.
“Brendan Morgan”
_______________________
Brendan Morgan, Vice-Chair