HomeMy WebLinkAboutP-2021-1522.Paul.24-06-03 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-2021-1522; P-2022-2613
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Paul Complainant
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The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Andrew Tremayne Vice Chair
FOR THE
COMPLAINANT
Tristan Paul
FOR THE EMPLOYER Jordanna Lewis
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING Written submissions received May
21, 2024
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Decision
[1] File # P-2021-1522 relates to a job competition that took place in mid-2021. File #
P-2022-2613 relates to a job competition that took place in late 2021/early 2022.
These matters were held in abeyance pending the outcome of File # P-2019-
1091 between the same parties. In a decision dated June 15, 2023, the Board
dismissed that complaint, which was also about a job competition.
[2] The parties met for a case management videoconference on December 19, 2023
to discuss the two files that had been held in abeyance (P-2021-1522 and P-
2022-2613). The Employer was directed to file its Form 2 responses to both files
and to set out its preliminary objections, if any. The Employer did so, raising the
following preliminary objections:
[3] For File # P-2021-1522, the Employer takes the position that the complaint does
not make out a case for the orders or remedies requested, and the matter should
be dismissed on a prima facie basis under the Board’s Rule 15. The Employer
takes this position concerning the allegations of discrimination under the Code
and reprisal under the PSOA. Further details are set out in the Employer’s written
submissions (pp. 1-16 attached to the Form 2 response).
[4] For File # P-2022-2613, the Employer takes the position that the Complainant’s
particulars do not disclose a prima facie case of discrimination or a prima facie
breach of a term or condition of his employment, and therefore the Board does
not have jurisdiction to consider this Application. The Employer takes the same
position concerning the allegations of reprisal under the PSOA. Further details
are set out in the Employer’s written submissions (pp. 1-20 attached to the Form
2 response).
[5] In the interests of deciding the Employer’s preliminary objections in a fair,
efficient, and expeditious manner, on March 21, 2024, Mr. Paul was directed to
provide his responses to these preliminary objections in writing. His responses
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were to be filed with the Board with a copy to the Employer no later than April 19,
2024. The Employer was to file its replies, if any, in the same manner no later
than April 30, 2024. These deadlines could be extended on the agreement of the
parties or with leave of the Board.
[6] Mr. Paul did not provide his responses to the Employer’s preliminary objections
by April 19, 2024. In fact, as of the date of this decision, Mr. Paul has not
contacted the Board about the status of his responses.
[7] On May 21, 2024 counsel for the Employer wrote the Board as follows:
It has now been over a month since the Complainant was directed by
the PSGB to file a response to the Employer's preliminary motions. In
these circumstances the Employer requests that if a response is not filed
by the end of this week, Friday May 24, 2024, that the PSGB [either]
grant the Employer's request for a remedy based on the filings the Board
has before it [, n]amely dismiss the Application with a finding in favor of
the Employer; or in the alternative dismiss the matter as abandoned,
with prejudice
[8] As was the case in Jones-Charles v. Ontario (Solicitor General), 2021 CanLII
71619 (ON PSGB) and Norton v. The Crown in Right of Ontario (Ministry of the
Solicitor General), 2024 CanLII 16517 (ON PSGB), the Board will give Mr. Paul,
the Complainant, an opportunity to explain his failure to file his responses to the
Employer’s preliminary objections on time and his failure to contact the Board
about the status of those submissions.
[9] The Complainant is directed to contact the Board on or before the close of
business on June 17, 2024 to provide his reasons in writing for not filing his
responses to the Employer’s preliminary objections on time and for not contacting
the Board about the status of those submissions. If the Complainant takes the
position that he was unable to file his responses or contact the Board, he is to
include any relevant supporting documents.
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[10] If the Complainant does not respond as directed, the Board will dismiss his
complaints (File #s P-2021-1522 and P-2022-2613).
[11] If the Complainant provides an explanation for his failure to file his responses on
time and his failure to contact the Board, the Employer will have until July 2, 2024
to tell the Board whether or not it accepts the Complainant’s explanation.
[12] If the Employer accepts the Complainant’s explanation, the matters will continue,
with filing deadlines and hearing dates to be set by the Board on strict timelines.
If the Employer takes the position that the Complainant’s explanation is
insufficient and maintains its position as set out in the May 21, 2024 request to
the Board, the Employer is directed to provide brief written submissions on its
position, also by July 2, 2024. The Board will make a determination on the
Employer’s request based on the material.
Dated at Toronto, Ontario this 3rd day of June 2024.
“Andrew Tremayne”
Andrew Tremayne, Vice-Chair