HomeMy WebLinkAbout2022-11289.Ranganathan.24-06-04 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2022-11289
UNION# 2022-0551-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ranganathan) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Marilyn A. Nairn Arbitrator
FOR THE UNION Robert Healey
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Suneel Bahal
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING June 4, 2024
-2 -
INTERIM DECISION
[1] This grievance challenges the Employer’s decision to terminate the Grievor’s
employment. Various dates have been scheduled for hearing on the agreement of
the parties. Early on the scheduled date of May 27, 2024, the Union sought an
adjournment of that day based on the Grievor’s inability to attend due to a medical
issue. The Employer consented to that adjournment.
[2] The matter convened on May 30, 2024 and mediation efforts were undertaken. The
matter was to reconvene on June 4, 2024. At that time the Grievor did not attend. It
appears that she left a message for the Local President in the early morning
indicating simply that she would not be attending. Multiple attempts prior to 10:30am
to contact the Grievor by both the Local President and Union counsel were
unsuccessful. The Union is therefore unable to advise whether the Grievor’s
absence was due to an inability to attend due to a medical issue or whether the
Grievor’s absence was due to some other reason.
[3] A grievor is expected to attend proceedings dealing with their grievance or, if an
adjournment of a scheduled date is required, to provide an explanation as to why
they are unable to attend. Days have been set aside and various individuals attend
in order to address the issues raised by the grievance. Costs are incurred.
Adjournments are generally only warranted based on a verifiable inability to attend.
[4] This matter is scheduled to reconvene on June 14, 2024. Prior to that date, the
Grievor is to provide Union counsel with an explanation regarding her failure to
attend on June 4, 2024. Upon receipt of that explanation, Union counsel is to advise
the Board of same.
[5] Should the Grievor seek to rely on medical reasons to explain any further
inability to attend, a medical certificate from an attending health practitioner will be
required to substantiate that inability to attend and any resulting adjournment
request.
[6] Any further failure to attend these proceedings and/or a failure to appropriately
substantiate any request for an adjournment of these proceedings may cause the
Employer to seek to have the grievance dismissed at this stage.
[7] This matter will reconvene by videoconference on June 14, 2024, at 10:00am.
Dated at Toronto, Ontario this 4th day of June, 2024.
“Marilyn A. Nairn”
Marilyn A. Nairn, Arbitrator