HomeMy WebLinkAboutAsaasira 24-06-06IN THE MATTER OF AN ARBITRATION brought pursuant to the Ontario Labour Relations Act,
1995, as amended
(Grievances of E. Asaasira)
BETWEEN:
HOMES FIRST SOCIETY
(the "Employer")
and —
ONTARIO PUBLIC SERVICE EMPLOYEES' UNION
(the "Union")
AWARD
Sole Arbitrator:
Hearing held:
(by videoconference)
APPEARANCES
For the Union:
Marilyn A. Nairn
June 6, 2024
Georgina Watts
For the Employer: Christopher M. Little
1
AWARD
1. Two grievances have been referred to arbitration. On the day scheduled for hearing, the
parties convened by videoconference. However, Edgar Asaasira (the "Grievor") was not in
attendance. This decision deals with that failure to attend and the Grievor's failure to
communicate with the Union and/or its legal counsel.
2. Grievance #2023-0540-0037 challenges the imposition of a 5-day suspension on August
1, 2023. The Employer alleges that the Grievor was found sleeping in his car outside his work site
while on duty on July 26, 2023. The Employer further alleges that the Grievor was dishonest in
asserting that he had been conducting perimeter checks, a task that the Employer asserts was
not assigned to the Grievor on that shift.
3. A 10-day suspension and final warning was issued to the Grievor on September 15, 2023,
for being found in his car using his personal phone while on duty. The Employer also noted that
the Grievor's work partner was left alone as a result, raising a health and safety issue for
employees. The Employer provides shelter services at various sites in Toronto. That suspension
was not grieved.
4. Grievance #2024-0540-0003 challenges the Employer's decision to terminate the
Grievor's employment effective February 8, 2024. The Employer alleges that the Shelter
Supervisor found the Grievor sleeping in the upper -level staff office while on duty. The Employer
further alleges that it determined that the Grievor had been in the office for over an hour,
performing no work.
5. At the time of his termination the Grievor had been employed for just less than one year.
6. Notice of the hearing for June 6, 2024, regarding the suspension grievance, was sent by
the Union to the Grievor by letter dated October 17, 2023. That letter was sent by email to the
address on file provided by the Grievor.
7. On May 2, 2024, 1 was advised by the Union that the parties had agreed to consolidate
the hearing of the suspension and the termination grievances on June 6, 2024. Also on May 2,
2024,1 sent an email to counsel for the Union and for the Employer, confirming the agreement to
consolidate the hearing of the two grievances and providing the information necessary to access
the Zoom hearing on June 6, 2024. That Zoom link was sent to the Grievor by Union counsel by
email on May 23, 2024.
8. The hearing convened at 10am on June 6, 2024. The Grievor was not present. The hearing
was adjourned while attempts were made to contact the Grievor.
9. When questioned, Union counsel advised that no 'bounce -back' message had been
received to indicate that the Grievor's email address was not active. Also when questioned, Union
counsel advised that no response had been received from the Grievor to various email inquiries,
and that the phone number that had been provided for the Grievor was no longer in service. I
was further advised that attempts to utilize another number available to the Local President
indicated that the call could not be completed. It was noted that each of the grievance forms,
signed by the Grievor, provided a different mailing address. The Employer advised that both
addresses had been provided by the Grievor at the time of hire.
10. By 11am the Grievor had not attended the hearing and all attempts to contact him had
been unsuccessful.
11. The Employer sought the immediate dismissal of the grievances. The Union opposed that
request and sought an adjournment as it was unable to confirm the reason for the Grievor's non-
attendance.
12. The hearing is hereby adjourned. I hereby direct as follows:
(a) Union counsel is to forthwith forward a copy of this decision to the Grievor using three
addresses — a copy is to be sent using email. A copy is also to be sent to the Grievor
using both mailing addresses indicated on the grievances. The mailed copies are to be
sent using Canada Post utilizing a method that allows for the tracking of the delivery
of the communication.
(b) Union counsel is directed to obtain and maintain a written record of the Canada Post
tracking information for both mailed communications.
(c) Should the Grievor seek to have the grievances proceed, the Grievor must contact
Union counsel by no later than Friday, June 28, 2024. Union counsel is to forthwith
thereafter contact both Employer counsel and this arbitrator. Prior to any hearing on
the merits of the grievances, the Grievor will be required to show cause as to why his
grievances ought not to be dismissed for his failure to attend on June 6, 2024, and for
his failure to communicate regarding his non-attendance.
13. Should the Grievor not respond to Union counsel by the end of business on June 28, 2024,
his grievances will be deemed to have been abandoned and will be dismissed.
Dated at Toronto, Ontario this 6ch day of June 2024.
LDa �XQ,
Marilyn airrj Arbitrator