HomeMy WebLinkAboutAubertin 20-10-14BETWEEN:
IN THE MATTER OF AN ARBITRATION
West Nipissing Hospital (the Employer)
And
Ontario Public Employees Union, Local 662 (the Union )
Grievance of Mr. Jean Aubertin
Arbitrator: Barry B. Fisher
Counsel for the Employer: Michael Allen
Counsel for the Union: Dan Hales
Motion heard by ZOOM on October 14, 2020
FINAL AWARD
I issued an Interim Award on April 17, 2020as a result of the Grievor's post termination
behavior which I found was an attempt to intimidate witnesses in relation to his upcoming
discharge grievance.
The relevant part of that award reads as follows:
"I am therefore directing the Grievor to follow this order until the completion of the final
argument in his grievance. Any breach of this order will mean that the grievance will be
dismissed. Moreover, I reserve the right of setting the terms of any hearing regarding whether
or not this order has been breached, including conducting the hearing by way of video
conferencing instead of a face to face hearing.
1. From the date of this Order until the close of final argument in the grievance, the
Grievor is not to make any public comments about the circumstances of his termination
of employment or about any of the following individuals, any of whom may be
witnesses at the arbitration:
Cynthia Desormiers
Mireille Mageau
Judy Perrin
Stephanie Pilkey
Amanda Sergerie
And any immediate family members of the above.
2. For further clarity, "public comments "shall include the use of all social media
including but not limited to any use of Facebook), all publications, speeches,
broadcasts, newspapers, blogs, radio, television, cable or similar mechanisms.
From that date until quite recently, the Grievor complied with the order.
However, for some inexplicable reason, the Grievor has recently breached this order in multiple
ways.
Beginning in October 2020 he made a series of Facebook posts, naming a number of individuals
on the list and using the following types of words in relation to them : ( Note: Rather than name
the individuals I have substituted X and Y but in the original text the Grievor named some of the
individuals in the Interim Award).
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"I was framed by X"
"This lowlife, inbred person "
"promiscuous con artist practicing sexual things that I find abhorrent"
'fired by a bigger con artist"
"a bully"
'X I will kiss and lick Y asshole "
"I informed X that Y had stolen drugs from the hospital "
"Bias and malicious treatment by X and Y are the norm there. "
"a liar, bully and con artist"
"liar and deceptive hypocrite on drugs and partaking in group sex and posting it on an S & M
website "
"You 2 make a great couple. 2 ass to mouth babes eating their own feces. "
"Crazy bitch "
"Fucking fraud "
In the Union's submission the Grievor admits that he posted these comments on Facebook and
that they violated the Interim Award.
The Grievor submitted that he was under a lot of stress and was frustrated because of how these
events had affected his life. He truly wants this case to be decided on the merits. He asks that he
be given a second chance.
Under Section 48 (12) ( I ) the arbitrator has the power " to make interim orders concerning
procedural matters " which is what I did in my April 17, 2020 Interim Order.
As a natural consequence of being able to make an interim order, I also have the power to
enforce my order.
My Interim Order could not have been clearer as to the consequences of a breach.
"Any breach of this order will mean that the grievance will be
dismissed."
The Grievor's breaches of the Interim Order are both serious and multiple. His actions seek to
intimidate witnesses from testifying in his grievance. This cannot be tolerated.
This grievance is hereby dismissed.
Dated at Bala, Ontario this 14th day of October 14, 2020
"Barry Fisher "
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