HomeMy WebLinkAbout2017-2259.Laryea.18-09-27 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#2017-2259
UNION#2017-5112-0242
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Laryea) Union
- and -
The Crown in Right of Ontario
(The Ministry of Community Safety and Correctional Services) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING
September 27, 2018
- 2 -
Decision
[1] This is a discharge case. The Employer seeks to rely upon new allegations
which were not among the allegations originally relied upon as grounds for
termination. The parties have requested that a bottom line decision be given at
this time with reasons to be provided at a later date.
[2] Having considered the submissions of the parties, I order that the Employer will
be able to rely on the new allegations as additional grounds for termination,
subject to the following conditions:
a. The Employer’s case in chief will be divided into two parts: the original
allegations and the new allegations. I note that it is not apparent to me
that there will be much, if any, overlap in the evidence with respect to the
original allegations and the new allegations. The Employer’s case in chief
with respect to both the original allegations and the new allegations will be
completed before the Union is required to commence its case in response
with respect to either set of allegations.
b. The Employer will complete its case in chief with respect to the original
allegations prior to calling any evidence with respect to the new
allegations. If necessary, the Employer may recall witnesses when
presenting its case in chief with respect to the new allegations. The
Union’s cross examination of the Employer’s witnesses during the part of
the case dealing with the original allegations need not address any issues
related to the new allegations.
c. A reasonable amount of time prior to commencing its case in chief with
respect to the new allegations, the Employer is to provide the Union with
full particulars with respect to those allegations.
d. Nothing in this decision precludes the Union from seeking an adjournment
of these proceedings prior to the commencement of the Employer’s case
in chief with respect to the new allegations based on the circumstances
which exist at that time.
Dated at Toronto, Ontario this 27th day of September, 2018.
“Ian Anderson”
Ian Anderson, Arbitrator