HomeMy WebLinkAboutP-2019-2090.Reay.22-03-25 Decision
Public Service
Grievance Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission des
griefs de la fonction
publique
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
PSGB# P-2019-0020
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Reay Complainant
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Marilyn A. Nairn Vice Chair
- 2 -
Decision
[1] The Complainant, Randy Reay, is employed by the Crown within the Ministry of
the Solicitor General (the “Employer” or “SOLGEN”) and works in correctional
services. The remaining issue in this complaint is an allegation that the Employer
acted in violation of the Ontario Human Rights Code (the “Code”) in the application
of its performance pay policy in respect of the Complainant. Broader allegations
were dismissed in an earlier decision.
[2] Following certain production having been provided by the Employer, and by
Interim Decision dated October 15, 2021, the Board directed that the Complainant
provide particulars regarding the specific allegation that the Employer
discriminated against him in violation of the Code. Those particulars were to be
provided in writing to the Board with a copy to Employer counsel by no later than
Friday, October 29, 2021.
[3] No further particulars were received. The matter was thereafter referred to the
Registrar to schedule the complaint for hearing, including the hearing of any
preliminary objections raised by the Employer. On February 17, 2022 the Registrar
offered dates to the parties by email, with a direction that a response regarding
availability be provided by no later than February 25, 2022. No response was
received from the Complainant. By further email dated March 8, 2022, the
Registrar again offered dates and asked that the Complainant respond with his
availability by no later than March 18, 2022. No response has been received from
the Complainant.
[4] Therefore, the Complainant is hereby directed to advise the Board whether he
intends to pursue his complaint and, if so, to provide his availability to attend a
hearing on any/all of the following dates: April 22, May 20, October 4, and October
14, 2022. The Complainant is to respond by no later than Monday, April 4, 2022 .
[5] Should the Complainant fail to fully respond within the time allowed, the Board will
consider the complaint to have been abandoned and the complaint will be
dismissed.
Dated at Toronto, Ontario this 25th of March, 2022.
“Marilyn A. Nairn”
________________________
Marilyn A. Nairn, Vice-Chair.