HomeMy WebLinkAbout1984-0600.Tsiang.85-01-02IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING,ACT
Before
THE GRIEVANCE SETTLEMENT
Between: OPSEU (Joy Tsiang)
- and -
BOARD P
Grievor
The Crown in Right of Ontario
(Ministry of Industry and Trade) D
Employer
Before: M. Teplitsky Vice Chairman
I. Freedman Member
E. R. O'Kelly Member
For the Grievor: M. I. Rotman
Barrister and Solicitor
For the Employer: J. Inderwick
Manager, Staff Relation
Ministry of, Industry an
Hearinq: November 14, 1984
i Trade
DECISION 2
The griever received a one-day suspension for an /
alleged act of insubordination. The facts are not in
dispute.
The grievor is a clerk-typist. On May 8, 1984,
she received instructions, both orally and in writing, to
implement new procedures in the dispatches of telexes commenc-
ing on May 9, 1984. On May 9, .1984, the grievor failed to
implement these instructions successfully. On May 10, 1984
she implemented the instructions correctly.
The employer drew the inference that her failure on
May 9, 1984 was deliberate. Hence, the one-day suspension
for insubordination.
The grievor testified. On May 9, 1984, because of
the volume of work,she was unable immediately to master the
new instructions. She tried and she failed. The presence
of her supervisor made her more anxious. Before leaving
that evening she made a copy of the instructions and then
studied them and practised them at home. The following
day she was able to do the work properly.
It is obvious that the grievor has difficulty with
English. She is also quite plainly a nervous person with
a high anxiety level.
Her explanation is credible. There is no basis
fora finding that she disobeyed instructions wilfully.
Her grievance is allowed. The suspension is set aside. She
is entitled to compensation for her loss of wages. We will
remain seized if there are any difficulties in implementing
this Award.
Although we have found that the griever's behaviour
was not culpable, in the future, whenever she is having a
problem with her duties, she should immediately. advise her
supervisors. The inference they drew against her would have
not arisen had she enlisted their aid.
DATED the 2nd day of January 19G5.