HomeMy WebLinkAbout2018-3334.Dagssie.20-09-22 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# 2018-3334
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
The Association of Management, Administrative and Professional
Crown Employees of Ontario
(Dagssie)
Association
- and –
The Crown in Right of Ontario
(Ministry of Environment, Conservation and Parks) Employer
BEFORE Tatiana Wacyk Arbitrator
FOR THE
ASSOCIATION
Marisa Pollock
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER Thomas Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING
September 22, 2020 (by Videoconference)
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Interim Decision
[1] By decision dated August 31, 2020, I indicated that while this matter was
scheduled to proceed on today’s date, the Association’s response to the
Employer’s request for particulars remained outstanding.
[2] The Association advised it had been unable to provide the particulars, as it
had received a medical note indicating the Complainant was unable to
provide the Association with the necessary information, and would remain so
until September 8, 2020.
[3] In order to preserve today’s date, the Employer agreed to a truncated
timeframe for receipt of the outstanding particulars. The Association was
directed to provide them by no later than September 17, 2020.
[4] At the commencement of today’s proceedings, the Association advised that it
had made many attempts to reach the Complainant, but that he had failed to
respond, and that the Association was therefore still unable to provide the
particulars sought by the Employer.
[5] Rather, the Association advised that earlier today, the Complainant had
provided another medical note. That medical note advised that the
Complainant would not able to attend any meetings going forward.
[6] In the circumstances, the parties agreed to an adjournment to enable the
Association to clarify the Complainant’s circumstances and ability to
participate in this process, and advise accordingly.
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[7] The Employer reserved its right to take any position whatsoever in relation
to the Complainant’s failure to meet the terms of my August 31, 2020
decision, and his failure to attend today’s proceedings.
Dated at Toronto, Ontario this 22nd day of September, 2020.
“Tatiana Wacyk”
Tatiana Wacyk, Arbitrator