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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 - and - 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 - 2 - 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. - 3 - [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