HomeMy WebLinkAboutP-2023-02515.Dobos.24-04-04 DecisionPublic 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-2023-02515
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Dobos Complainant
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The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Brian Smeenk Chair
FOR THE
COMPLAINANT
Dora Dobos
FOR THE EMPLOYER Peter Dailleboust
Treasury Board Secretariat
Legal Services Branch
Counsel
SUBMISSIONS
Employer: Jan. 17 and March 13, 2024
Complainants: March 6 and 28, 2024
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DECISION
[1] This decision provides procedural directions to the parties regarding how their
agreed facts and written submissions are to be filed with the Board in relation to
the Employer’s preliminary objections.
[2] After the Case Management Meeting held on January 10, 2024, the Board issued
a direction dated January 11, 2024 regarding the agreed steps that would facilitate
the efficient determination of this application, having regard for the parties’
agreement that it could be done in writing. That direction set out a timeline for the
filing of the Employer’s Form 2 Response to each application, a process for
reaching agreement on relevant facts, and dates by which each party was to file
arguments and replies.
[3] It appears that the parties have merged their factual assertions with their
arguments. No statement of agreed facts has been produced. As a result, the
Board does not have before it a clear statement of agreed facts and documents,
nor submissions based on such agreed facts, for the purpose of arguing the
Employer’s preliminary objections. It is therefore necessary to make the following,
more precise directions.
[4] The Employer is directed to file a proper, complete response to the application
using the Board’s Form 2, by April 11, 2024.
[5] The parties are directed to consult with one another in order to seek agreement on
a Statement of Agreed Facts and to file such a Statement with the Board by April
18, 2024. The Statement must clearly reference, by way of numbered and tabbed
exhibits and a Table of Contents, any documents that they agree shall be
appended to it and placed before the Board.
[6] At the same time, if any arguably relevant facts remain in dispute, the party
asserting such disputed facts shall by April 18, 2024 file a statement of particulars
outlining such allegations together with any further documents relied upon. This
shall be identified as, “Statement of Further Allegations of [Party’s Name]”. If any
party submitting such a Statement seeks to argue that the Board cannot rule on
the Employer’s preliminary objection without hearing such disputed evidence, it
shall make such submissions when filing the Statement of Further Allegations.
[7] The date for Ms. Dobos to make or revise her written arguments in response to the
Employer’s preliminary objections, is hereby extended to April 30 2024.
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[8] The Employer shall then have until May 7, 2024 to file any reply to Ms. Dobos’
arguments.
Dated at Toronto, Ontario this 4th day of April 2024.
“Brian Smeenk”
Brian Smeenk, Chair