HomeMy WebLinkAboutP-2022-3299.Bartlett.22-09-22 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-2022-3299
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Bartlett Complainant
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Marilyn A. Nairn Vice Chair
FOR THE
COMPLAINANT
Diane Bartlett
FOR THE EMPLOYER
Jordanna Lewis
Treasury Board Secretariat
Labour Practice Group
Counsel
- 2 -
Decision
[1] The hearing of this complaint is scheduled for Monday September 26, 2022. On
September 20, 2022, Employer council contacted the Board requesting an
adjournment, on the basis that the Employer was not available that day. The
Employer did not first seek the consent of the Complainant and the Complainant
opposes the adjournment request.
[2] The scheduled date for the hearing of this complaint had been agreed to by the
parties at a case conference on June 30, 2022. The Employer asserts that after
being advised of the scheduled date, “as soon as feasibly possible” the institution
advised that “things had changed and they were not available”. No explanation
as to what had changed or why the Employer was no longer available has been
provided.
[3] Such response is entirely unsatisfactory. The Board now regularly convenes
case conferences for the purpose of managing the issues that will arise in the
proceeding, not the least of which is scheduling a hearing date. It is expected
and understood that an agreement to a date at a case conference is confirmation
that the parties are and will remain available for that date subject to exceptional
circumstances. Both the Board and the parties commit time and resources to
attending the case conference and to scheduling hearing dates. This request
comes only shortly before the scheduled date. Again, no explanation was
provided for the late request.
[4] Having regard to the earlier agreement of the parties and to the lack of any
explanation regarding the Employer’s request to adjourn the hearing date, the
request to adjourn the hearing is denied. This matter will proceed on September
26, 2022.
Dated at Toronto, Ontario this 22nd day of September, 2022.
“Marilyn A. Nairn”
_______________________
Marilyn A. Nairn, Arbitrator