HomeMy WebLinkAboutP-2023-01398.Norton.24-02-02 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-2023-01398
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Norton Complainant
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Thomas Kuttner, KC Vice Chair
FOR THE
COMPLAINANT
Mark Norton
FOR THE EMPLOYER Andrew Lynes
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING February 1, 2024
- 2 -
Decision
[1] This is a complaint filed on August 18, 2023 pursuant to subsection 4(1) O.Reg.
378/07 (“the Regulation”) under the Public Service of Ontario Act, 2006 S.O.
2006 c. 35, Sch A (“the Act”). In it the Complainant alleges that the Employer
disciplined him without just cause by suspending him for a three (3) day period
for abuse of sick leave. By way of relief, the Complainant seeks full redress
including twelve (12) hours of sick time, cancellation of his three (3) day
suspension and removal of the disciplinary action from his personnel file.
[2] A hearing of this matter, by way of mediation/arbitration, was scheduled for
February 1, 2024, commencing at 10:00 a.m., notice of same having been sent
by the Board to the parties on November 7, 2023. The Board waited 30 minutes
for the Complainant to appear, but he failed to do so, without having given notice
to the Board that he would not appear. After hearing submissions from the
Employer as to how to proceed, the Board adjourned the proceedings shortly
after 10:30 a.m.
[3] As was the case in Jones-Charles v Ontario (Solicitor General), 2021 CanLII
71619 (PSGB), the Board will give to the Complainant an opportunity to explain
his failure to appear for the hearing on February 1, 2024.
[4] The Complainant is directed to contact the Board in writing, on or before
Friday, February 16, 2024, to provide his reason(s) for not appearing at the
hearing on February 1, 2024, and also for not providing notice to the Board that
he would not appear. If the Complainant was unable to appear at the hearing, he
is to include any relevant supporting documentation.
[5] Should the Complainant not respond as directed, the Board will dismiss his
complaint.
- 3 -
[6] Should the Complainant provide an explanation for his failure to appear on
February 1, 2024, the Employer will have until Friday March 1, 2024 to advise
the Board as to whether it accepts the Complainant’s explanation and agrees to
re-schedule the hearing of the Complaint.
[7] Should the Employer take the position, supported by reasons, that the
Complainant’s explanation is insufficient and request that the Complaint be
dismissed, the Board will make a determination as to whether to dismiss the
complaint based on the written submissions.
Dated at Toronto, Ontario this 2nd day of February 2024.
“Thomas Kuttner, KC”
Thomas Kuttner, KC, Vice-Chair