HomeMy WebLinkAbout1990-2238.Pussar.91-04-11 Decision ONTARIO EMPLOYES DE LA COURONNE
CROWNEMPLOYEES DECONTARIO
GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
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2238/90
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Pussar)
Grievor
and -
The Crown in Right of Ontario
(Ministry of the Solicitor General)
Employer
BEFORE: R. Verity Vice-Chairperson
J. Carruthers Member
I. Cowan Member
FOR THE L. Rothstein
GRIEVOR Counsel
Gowling, Strathy & Henderson
Barrister & Solicitors
FOR THE I. Werker
EMPLOYER Counsel
Fraser & Beatty
Barristers & Solicitors
HEARING April 11, 1991
2
INTERIM DECISION
In a grievance dated November 6, 1990, Anthony Pussar alleges
dismissal without just cause and seeks reinstatement with
compensation for lost wages and benefits.
When the hearing was convened on April 11, 1991, Union counsel
requested an adjournment to September, 1991 on a date to be fixed
by the Registrar. Ms . Rothstein contended that she had received no
instructions on the merits and had not spoken with the grievor
until a telephone conversation with him that morning from Brazil.
Apparently the grievor left Canada to return to his family in
Brazil in January, 1991 and is currently under medical treatment
for a variety of physical- problems . Ms. Rothstein was advised that
the grievor intends to return to Toronto in June of this year and
requested an adjournment to pursue his grievance at arbitration.
The Employer did not oppose the request for an adjournment but
suggested that the hearing be scheduled for July, 1991 and that in
the event that the grievor failed to attend the re-scheduled
hearing, the grievance be deemed to have been dismissed. Mr.
Werker referred to a number of Grievance Settlement Board
authorities on the appropriate grounds for granting an adjournment.
After hearing brief representations, the Board gave oral
reasons confirmed by way of this order.
3
The merits of this adjournment are not in dispute and
accordingly we grant the Union's request for an adjournment. The
Registrar of the Grievance Settlement Board is requested to re-
schedule this matter for hearing for September, 1991 before a
separately constituted panel. In our opinion, on the basis of
brief representations by the parties, this is not an appropriate
case to issue .a. conditional order for adjournment and accordingly
the adjournment is granted without condition.
DATED at Toronto, Ontario, this 11th day of April, 1991.
.� ��f. • . . . . .
L.�ITERITY, • Q.C. VICi CHAIRPERSON
. . . . . . . .
J. CARRUTHERS - MEMBER
�i
I. COWAN MEMBER
�- • • . . + . .