HomeMy WebLinkAboutP-2020-0045.Jones-Charles.21-07-05 Decision
Public Service
Grievance Board
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Commission des
griefs de la fonction
publique
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
PSGB# 2020-0045
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Jones-Charles Complainant
- and –
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Marilyn A. Nairn Vice Chair
FOR THE
COMPLAINANT
No one appearing for
the Complainant
FOR THE EMPLOYER
Thomas Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING July 5, 2021
- 2 -
Decision
[1] This complaint was scheduled for mediation by videoconference on July 5, 2021
commencing at 10:00am. In its Form 2, the Employer responded on the merits of the
complaint, but also raised an objection to the Board’s jurisdiction to consider the complaint
and sought to have that matter dealt with on July 5, 2021. On June 9, 2021 the Board
advised the Complainant to be prepared to deal with the Employer’s preliminary issue on
July 5, 2021.
[2] On July 5, 2021 the matter convened. The Complainant was not in attendance.
Employer counsel advised that he had received an email from the Complainant on Friday,
July 2, 2021 indicating that she would not be attending. However, no notice was provided
to the Board. On July 5, 2021, the Complainant had not arrived by 10:30am at which time
the hearing was adjourned.
[3] Having regard to the Complainant’s non-attendance with no notice to the Board, I
hereby direct as follows:
The Complainant is to contact the Board forthwith to provide her
reason(s) for not attending on July 5, 2021 and for not providing notice of her
non-attendance to the Board. That explanation is to be provided to the Board
by no later than Friday, July 23, 2021. If the Complainant was unable to
attend the hearing, any relevant supporting documentation is to be included.
Should the Complainant not respond as directed above, within the time
allowed, her complaint will be dismissed.
Should the Complainant provide an explanation for her absence on July 5,
2021, the Employer will have until Friday, August 6, 2021 to advise the
Board as to whether it accepts the Complainant’s explanation and agrees to
re-schedule the hearing of the complaint. Should the Employer take the
position that the Complainant’s explanation is insufficient and ask that the
complaint be dismissed without a hearing, a case conference will be held to
determine next steps.
Dated at Toronto, Ontario this 5th day of July, 2021.
“Marilyn A. Nairn”
________________________
Marilyn A. Nairn, Vice-Chair