HomeMy WebLinkAbout2019-2087.Greive.21-12-06 DecisionCrown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2019-2087
UNION# 2019-0302-0034
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Grieve) Union
- and -
The Crown in Right of Ontario
(Ministry of Health) Employer
BEFORE
Nimal Dissanayake
Arbitrator
FOR THE UNION
Farnaz Talebpour
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Jordanna Lewis
Treasury Board Secretariat
Labour Practice Group
HEARING December 2, 2021
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DECISION
[1] The Board is seized with two grievances relating to two job competitions and
alleged discrimination, filed by Ms. Grace Grieve. When the Board convened the
parties agreed to use the day for mediation. However, it soon became apparent
that this was very unlikely to be productive since there had been no meaningful
exchange of particulars or production of documents between the parties.
Opposing counsel did not have an understanding of the allegations or positions of
each other. In the circumstances, the Board advised that an order for particulars
and production would be made. This decision is issued for that purpose.
[2] The Board accordingly orders as follows:
Each party shall provide the other with full written particulars of the material facts
on which it relies on in this proceeding, together with copies of any documents that
are in its possession, custody or power on which that party wishes to rely on. The
foregoing shall be done in accordance with the requirements in this order and the
timetable set out.
[3] With respect to each act or omission alleged in the particulars, each party shall
state what was done or not done, when, where, by what means and by whom,
identifying by name any individual whose actions or omissions are being attributed
to the employer. Conclusionary statements based on unparticularized allegations
of fact are not sufficient. The allegations of fact set out in a party’s particulars
should be sufficiently comprehensive that it would be unnecessary for that party to
call any evidence if the opposite party were to admit that the allegations of act were
true. It is not necessary for a party to set out in its particulars the evidence by
which it intends to prove any of the allegations of fact set out.
[4] At the time the employer provides its particulars and production pursuant to this
order, it also shall provide to the union notice of any preliminary motions or
objections it intends to make in these proceedings.
[5] “Documents” ordered to be produced herein means any record of information in
whatever form, physical or electronic.
[6] The orders herein shall be complied with in accordance with the following
timetable:
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(a) The union shall provide to the employer its particulars and production no
later than Monday February 28, 2022.
(b) The employer shall provide its particulars and production, as well as notice
of any preliminary motions or objections, no later than Thursday March 31,
2022.
[7] A party that fails to comply with the terms of this order may not lead evidence,
introduce documents, or introduce motions or objections in these proceedings
without the agreement of the other party or leave of the Board.
[8] The orders herein may be modified by agreement of the parties, or by further order
of the Board.
[9] These proceedings will continue on the dates to be scheduled by the Registrar.
The Board remains seized
Dated at Toronto, Ontario this 6th day of December 2021.
“Nimal Dissanayake”
_________________________
Nimal Dissanayake - Arbitrator