HomeMy WebLinkAboutP-2008-3060.Boundy.09-05-20 Decision
Public Service Commission des
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P-2008-3060
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Grievor
Keith Boundy
- and -
The Crown in Right of Ontario
(Ministry of Community and Youth Services)
Employer
BEFOREVice-Chair
Kathleen G. O?Neil
FOR THE GRIEVOR
Keith Boundy
FOR THE EMPLOYER
Omar Shahab
Counsel
Ministry of Government Services
HEARING
May 8, 2009
- 2 -
Decision
[1]
This decision deals with the complaint of Mr. Keith Boundy which contests the
application of the employer?s policy entitled ?Pay for Performance Operating
Procedures?, to his compensation. His complaint is that he has been denied
placement at the maximum of his salary range, due to how the policy treated his
absences flowing from a WSIB compensable injury, which will negatively effect
compensation during his employment as well as future pension earnings. He
claims that the application of the policy is discriminatory on the basis of disability as
recognized under the Ontario Human Rights Code. At the mediation session on
May 8, 2009, the parties agreed I should deal with the preliminary issue of the
jurisdiction of the Board without the need for formal submissions.
[2]
Section 4 of Regulation 378/07 under the Pubic Service of Ontario Act, 2006
provides as follows:
4. (1) Subject to subsection (2), a public servant who is aggrieved about a
working condition or about a term of his or her employment may file a
complaint about the working condition or the term of employment with the
Public Service Grievance Board,
(a) if the public servant is eligible under sections 5 and 7 to file such a
complaint;
(b) if the public servant gives notice in accordance with section 8 of his or
her proposal to file the complaint; and
(c) if the public servant complies with the filing requirements set out in
section 10.
(2) The following matters cannot be the subject of a complaint about a
working condition or about a term of employment:
1. The term or duration of the public servant's appointment to employment by
the Crown.
2. The assignment of the public servant to a particular class of position.
3. A dismissal without cause under subsection 38 (1) of the Act or a matter
relating to such a dismissal.
4. The evaluation of a public servant's performance or the method of
evaluating his or her performance.
5. The compensation provided or denied to a public servant as a result of the
evaluation of his or her performance.
- 3 -
[3]
It can be seen from the fifth paragraph of section 4(2) of Regulation 378/07, set out
just above, that complaints dealing with compensation provided as a result of the
evaluation of performance, which is what pay for performance is, cannot be the
subject of a complaint filed with this Board. This complaint deals squarely with Mr.
Boundy?s pay for performance, as a result of how the Pay for Performance policy
treated his absences due to compensable injury. In the result, this complaint must
be dismissed for want of jurisdiction.
[4]
For the above reasons, this complaint is dismissed.
th
Dated at Toronto this 20 day of May, 2009
Kathleen G. O?Neil
Vice-Chair