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HomeMy WebLinkAbout2010-2669.Heathcote.13-10-09 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2010-2669, 2010-2670 UNION#2011-0234-0003, 2011-0234-0004 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Heathcote) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Daniel Harris Vice-Chair FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Jonathan Rabinovitch Ministry of Government Services Legal Services Branch Counsel HEARING October 4, 2013 Conference Call - 2 - Decision [1] This matter came on for a teleconference hearing on October 4, 2013. It is scheduled for hearing on October 29, 2013. The Union seeks an adjournment, which the Employer opposes. [2] The basis of the adjournment request is that the grievor is currently on LTIP and the nature of his illness prevents him from assisting in the preparation of his case and participating in the hearing itself. The Employer agreed to an adjournment of the previous hearing date of March 18, 2013. That date was adjourned for substantially the same reasons as the present request. The Employer submitted that some of the allegations stretch back to 2007. It said that it was unfair to prolong further the proceedings given the already significant delay. The hearing will largely turn on the facts, and witnesses’ recall and availability is diminishing. [3] Having carefully considered the matter with a view to balancing the prejudice to the parties, in my view it is appropriate to grant an adjournment of six months in order to provide the grievor the opportunity to participate in the litigation of his grievance. [4] Accordingly, the request for an adjournment is granted. Dated at Toronto, Ontario this 9th day of October, 2013. Daniel Harris, Vice-Chair