HomeMy WebLinkAbout2020-2914.Mohamed.2022-07-28 Decision
Crown 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#2020-2914
UNION#2021-0526-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mohamed) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Dale Hewat Arbitrator
FOR THE UNION Adam Veenendaal
Morrison Watts
Counsel
FOR THE EMPLOYER Regina Wong
Legal Services Branch
Treasury Board Secretariat
Counsel
HEARING July 21, 2022
- 2 -
Decision
[1] On April 4, 2022, the Parties attempted to mediate a settlement of this case but
were not successful. Following that mediation date, I issued an Order on April 7,
2022, ordering that the Union provide revised particulars to the Employer no later
than June 21, 2022, in advance of our next hearing date which was July 21,
2022.
[2] Prior to July 21, 2022, I was advised by Union Counsel that the Order for revised
particulars was not met because the file had been transferred to him without
sufficient details and because he was having difficulty obtaining clear information
from the Grievor. At the hearing on July 21, 2022, Employer Counsel advised
that she had given the Union an extension to provide revised particulars but,
notwithstanding that extension, the Union was not able to meet the new deadline.
Counsel noted that the Employer is concerned about extending the timeframe for
providing revised particulars which could extend its ongoing liability in this case.
Counsel advised that if and when revised particulars are shared by the Union,
the Employer will be asking for a limitation of on-going liability. Employer Counsel
also took the position, that failing the provision of revised particulars, the
Employer will be brining a motion to have this case dismissed.
[3] The next scheduled hearing date is September 28, 2022. Having regard to the
unique circumstances of the Union’s difficulty in gathering particulars in this case,
and my concern about the Grievor’s ability to clearly communicate with Counsel
and the Union, I will extend the deadline for the provision of revised particulars to
August 29, 2022. If there are any medical reasons why the Grievor is unable to
provide particulars or participate in this proceeding, the Grievor is required to
provide a medical note explaining why he cannot comply with this Order or why
he cannot participate in this proceeding.
[4] Should the Union be able to provide the revised particulars by August 29, 2022,
the Employer will advise the Union, no later than September 14, 2022, of any
preliminary objections it plans to raise at the hearing.
Dated at Toronto, Ontario this 28th day of July 2022.
"Dale Hewat”
Dale Hewat, Arbitrator