HomeMy WebLinkAboutKandil 23-12-19
IN THE MATTER OF AN ARBITRATION
BETWEEN:
MACKENZIE HEALTH
(the “Employer”)
-AND-
ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 374
(the “Union”)
AND IN THE MATTER OF THE GRIEVANCE OF ADAM KANDIL CONCERNING A
ONE DAY SUSPENSION (#2021-0374-0009)
ARBITRATOR ROBERT J. HERMAN
APPEARANCES
FOR THE UNION INDIKA CHANDRASEKARA
FOR THE EMPLOYER ROBERT HICKMAN
ASHTON WHITE
A HEARING INTO THIS MATTER WAS HELD BY ZOOM ON DECEMBER 19, 2023
AWARD
1. The grievor did not attend the hearing, nor was he in contact with the Union
prior to the hearing. The Union was not able to advise whether the grievor intended
to pursue this matter. We waited over 30 minutes before proceeding with the
hearing.
2. The Union asked that the matter be adjourned to provide it with an
opportunity to contact the grievor by courier or regular mail, and that the grievor then
be provided with a further thirty days to respond, failing which the matter could be
dismissed. The Employer asked that the matter be dismissed.
3. At the hearing I made the following decision orally, which I set out here in
written form:
1. This grievance must relate to the one day suspension without pay, and
not to the three day suspension, as that suspension occurred after the
date of the grievance. Only a grievance with respect to the one day
suspension is therefore before me, and it is that grievance that I
address.
2. Eighteen months have passed since the most recent discipline, which
occurred in February 2022, and the one day suspension events are
therefore subject to the sunset clause in the Collective Agreement.
3. The grievor was notified of the hearing in the customary manner, by
email, and the Union has received no response or indication that he
intends to pursue this matter. Further, the grievor resigned his
employment with the Employer in August 2022.
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4. I cannot know why the grievor did not respond, but he has not done so
and he has not appeared today.
5. In these circumstances, I am not persuaded that it makes sense to grant
an additional 30 days, or any number of additional days, to see if the
grievor wants to pursue this matter.
6. The Union seeks an opportunity to try to contact the grievor by courier
or regular mail, but it already contacted him by email, with no
kickback on the mail and no response. Nothing before me suggests
that contacting the grievor by email was not adequate and sufficient.
7. The matter in dispute is relatively minor, the grievor resigned some
time ago, and the suspension has already been dealt with pursuant to
the sunset clause.
8. Given the absence of the grievor and the circumstances, the grievance
is dismissed.
Dated at Toronto, this 19th day of December, 2023
Robert J. Herman