HomeMy WebLinkAbout2017-0471.Vangou.20-04-06 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#2017-0471
Union#2015-0534-0023
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Vangou) Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services) Employer
BEFORE Janice Johnston Arbitrator
FOR THE UNION Jane Letton
Ryder Wright Blair and Holmes LLP
Counsel
FOR THE EMPLOYER Thomas Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING March 4 and 18, 2020 (by teleconference)
-2-
Decision
[1] This case has a long history. This is the fifth decision I have issued in this matter.
I do not propose to repeat what was said in those decisions other than what is set
out briefly below.
[2] The grievor left the workplace on October 8, 2014, and has not returned to work
since that date. She served a six-month qualifying period and has been on LTIP
since April 8, 2015. The grievance before me was filed on December 18, 2015,
more than a year after she left the workplace.
[3] In the first decision in this matter I gave the following ruling:
The employer has requested that I direct the grievor to provide a fully
particularized will say statement detailing any matters that deal with allegations
of conduct of the employer post March, 2015, that do not relate to the LTIP
process. The use of will say statements has become increasingly more
common in cases such as this one before me. I therefore direct the union to
prepare a will say statement that shall constitute the evidence in chief of the
grievor. This statement is to be fully particularized and include answers to
“who, what, when and where” in terms of allegations of misconduct on the part
of the employer. It is to be provided to counsel for the Ministry on or before
February 15, 2019, which is three weeks prior to the next date of hearing
scheduled in this case.
[4] Due to circumstances beyond her control counsel for the union was unable to
meet the deadline set out above. Accordingly, an extension of the timeline to file
the will say statement was granted and a hearing date of August 6, 2019 was set.
[5] On August 7, 2019 I issued another decision in which I granted another six month
extension and a hearing date in March, 2020 was set.
[6] A will say statement signed by the Grievor was filed with the Grievance Settlement
Board. Conference calls with counsel were held on March 4 and March 18, 2020.
After carefully considering the submissions of counsel, the jurisprudence referred
-3-
to and the Grievor’s will say I have determined that the grievance must be
dismissed.
[7] I would like to thank counsel for their patience and professionalism in this complex
and difficult situation.
[8] In the event that there are any difficulties with the interpretation or implementation
of this decision I shall remain seized.
Dated at Toronto, this 6th day of April, 2020.
“Janice Johnston”
________________________
Janice Johnston, Arbitrator