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HomeMy WebLinkAbout1994-0491.SAMAROO98_11_30 ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 800, TORONTO ON M5G tZ8 TELEPHONEITELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 800, TORONTO (ON) M5G 1Z8 FACSIMILEITELECOPIE (416) 326-1396 GSB #0491/94 OPSEU 94B842 IN THE MA TIER OF AN ARBITRA nON Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Pubhc ServIce Employees Urnon (Mohan Samaroo) Grievor - and - The Crown III Right of Ontario (Mirnstry of the Sohcitor General and Correctional ServIces) Employer BEFORE Owen V Gray Vice-ChaIr FOR THE CraIg Flood GRIEVOR Counsel KoskIe Minsky Bamsters & SoliCItors FOR THE Jane Hooey EMPLOYER Counsel, Legal ServIces Branch Management Board Secretanat HEARING November 19, 1998 DECISION [1] The e'mployer has saId It WIll not be leadmg eVIdence wIth respect to Its allegatIOns that the grlevor engaged m sexual ImpropnetIes agamst Annette Quibbel and Patncla MItchell, nor wIth respect to the breach of secunty prOVI- sIOns referred to m the dIscharge letter of May 19, 1994 The employer has led the eVIdence on whIch It mtends to rely m support of ItS remammg allegatIOns concermng the mIsconduct m respect of whIch the gnevor was convIcted and the breach of trust that the umon concedes such mIsconduct would constItute If the gnevor has commItted It. [2] The umon proposes to present m the gnevor's defence eVIdence that he dId not commIt the mIsconduct of whIch he was convIcted The matenal facts whIch It says that eVIdence wIll establIsh have been set out m partIculars delIv- ered pursuant to my order of October 23, 1998 The employer, however, proposes to brmg a motIon, the detaIls and scope of whIch It has yet to work out, to the ef fect that the umon's partIculars do not raIse any tnable Issue because they do not raIse any Issue that the gnevor dId not put or could not have been put before the court ("the criminal court'') that ultimately conVIcted him, and that the scope of the umon's case should be limited accordingly [3] Havmg heard the submIssIOns of counsel wIth respect to the dIrectIOns they felt should be gIven m these cIrcumstances, on November 19, 1998 I dI- rected, and hereby confirm, as follows. a) The umon shall supplement Its partIculars i) by IdentIfymg any allegatIOns of matenal fact m Its partIculars whIch It contends were not put before the cnmmal court, 2 Ii) wIth respect to any such new allegatIOns, by mdlCatmg whether and to what extent the eVIdence m support of those allegatlOns wIll be eVIdence heard by the cnmmal court, and ni) wIth respect to the remammg allegatIOns of matenal fact m Its par- ticulars, by mdIcatmg whether and to what extent the eVIdence m support of those allegatlOns wIll be eVIdence not heard by the . cnmmal court. ThIS supplementary mformatIOn shall be provIded m wntmg and de- lIvered to counsel for the employer and to the Board on or before De- cember 15, 1998 b) The employer shall set out the nature of ItS motion m wntmg, notmg partIcularly any Issues It raIses beyond the one Identified m paragraph 46 of my decIsIOn of September 14, 1998, and thIS descnptIOn shall be delIvered to counsel for the umon and to the Board on or before Janu ary 8, 1999 [4] Counsel agreed to make every effort to consult wIth each other d urmg the week endmg January 15, 1999 concermng such matters as the exchange of authontles relIed upon and the need for any addItIOnal dIrectIOns Dated at Toronto thIS 30th day of November, 1998