HomeMy WebLinkAbout2007-0352.Devera.08-11-17 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB#2007-0352
UNION#06-72
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Canadian Union of Public Employees - Local 1750
(Devera)
Union
- and -
The Crown in Right of Ontario
(Workplace Safety and Insurance Board)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Ian Thompson
National Staff Representative
Canadian Union of Public Employees ? Local
1750
FOR THE EMPLOYER
Gurjit Brar
Counsel
Workplace Safety and Insurance Board
HEARING
April 21, April 22, July 8, September 17,
November 4 & November 10, 2008.
2
Decision
[1]On November 28, 2006, Mr. Joseph Devera, while serving his probationary period, was
terminated from his employment. According to the Employer, he was ?not suited to the
position of Claims Adjudicator.?
[2]Mr. Devera filed a grievance alleging that the Employer violated the Collective
Agreement because the training provided was insufficient. Further, the Union contends
that the grievor was the subject of discrimination regarding his age.
[3] The hearing into this matter has proceeded for a number of days. During the course of
this matter the files assigned to the grievor during the latter part of his employment have
become a focus of attention. Indeed, during the cross-examination of Ms. Daintree
Davis, the Union asked for particular documents regarding the grievor?s workload
assignment. Some documents were provided, but by all accounts that production was
insufficient and not helpful.
[4]Accordingly, the parties agreed to an adjournment of the hearing to allow the Employer
to provide information regarding all the files that were assigned to the grievor between
the period October 1, 2006 to October 31, 2006. The information to be provided by the
Employer should include:
Claim number
Type of file
Date the file was allocated
Who assigned the file
Nature of the file
[5]This information should be provided as soon as practicable but in any event it should be
sent to the Union not less than two weeks prior to our next day of hearing.
[6]In the event issues arise regarding the gathering of this information or as the result of the
information assembled, the parties will discuss the matter and attempt to resolve the
3
problem. If necessary, the Board can be contacted and a conference call can be arranged
to ensure that all outstanding issues flowing from this order are determined prior to our
next day of hearing.
th
Dated at Toronto this 17 day of November, 2008.
Felicity D. Briggs, Vice-Chair