HomeMy WebLinkAbout2014-4401.Raja.16-09-09 Decision
Crown 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#2014-4401, 2015-1575
UNION#2014-0506-0014, 2015-0506-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Raja) Union
- and -
The Crown in Right of Ontario
(Ministry of Transportation) Employer
BEFORE Nimal Dissanayake Vice-Chair
FOR THE UNION John Brewin
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Lisa Compagnone
Treasury Board Secretariat
Legal Services Branch
Counsel
SUBMISSIONS September 7, 2016
- 2 -
Decision
[1] The Board is seized with two grievances filed by Mr. Faisal Raja, who was
dismissed for cause from his probationary status as a Transportation
Enforcement Officer, effective December 10, 2014. One claims that his
dismissal was without just cause and also alleges discriminatory treatment by
the employer because of his racial and ethnic background. The second
grievance relates to an expense claim that had been denied.
[2] The hearing into the dismissal grievance was commenced with the employer
leading its evidence. Following the last hearing date on June 13, 2016, the
parties engaged in communications via electronic mail and jointly requested
that the Board issue an order based on terms agreed upon between them. In
all of the circumstances, the Board agreed to issue the order requested.
Therefore the Board orders as follows:
In response to the union's request for disclosure the employer is
hereby ordered to disclose a copy of the Grievor's Ministry
notebook on the grounds that it is arguably relevant. The Employer
may redact from the profferred notes, matters that are not relevant
to these proceedings, including matters that are confidential to
persons not connected with the matter before the Board. The
notes are to be used only for the purpose of the litigation of the
grievances presently before the Board, and are to be returned to
the Employer upon the conclusion of the hearing. As well,
documents disclosed by the Employer pursuant to this Order shall
not be copied or shared other than with the consent of counsel for
the Employer or at the direction of the Board.
[3] The Board remains seized, and the hearing will continue on the dates scheduled.
Dated at Toronto, Ontario this 9th day of September 2016
Nimal Dissanayake, Vice Chair