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HomeMy WebLinkAbout1993-0979.Lee.02-07-22 Decision ~~~ o@~o EA1PLOYES DE LA COURONNE _QJ_L i~~i~~~i~T DE L "ONTARIO COMMISSION DE REGLEMENT "IIIl__1I'" BOARD DES GRIEFS Ontario 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GS8#0979/93 UNION#93E247 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Lee) Grievor -and- The Crown In Right of Ontario (Ministry of Health and Long-Term Care) Employer BEFORE D J D Leighton Vice-Chair FOR THE UNION Kathleen Lawrence Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Daniel Der Employee Relations Consultant Ministry of Health and Long-Term Care HEARING July 5, 2002 2 DECISION Mr Greg Lee filed a grievance In 1993 complaining that he had been wrongly denied an Interview In a Job competition The grievance was not forwarded before he achieved promotion (approximately a year and a half later) to an equivalent classification He has been promoted since then again The employer argued that It would serve no purpose to proceed with the hearing, when no meaningful remedy could be awarded by the board Having heard and considered the submissions of the parties, I hereby dismiss the grievance Given the passage of time, and In the circumstances of the case, there IS no remedy The board has held consistently that when there IS no remedy available, It IS a waste of the board's resources to hear the case Dated at Toronto thiS 22nd day of July, 2002 (:~ ~ -. , "- - '.'- .~.. :::: ~..,__;:~:~_ ~~;,;::'~" 0 _}~~:~: _ ,,:~,.., ~ ._ ~!'_ .,' .:~._:'; _ ,., /, , ' . _ _".. . _.. . . .." .;"..ii'" .. .., .' ....... ....'. ...... ...... II,).. . nr.) '"=. . ~ _~;;;:: _ ~ ..~@~~~..<<:~~,~:r. ... ,. j~ ~., :::. ~~ D J D Leighton, Vice-Chair