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HomeMy WebLinkAbout1999-0643.Farar-Hibbert.01-03-23 Decision o NTARl 0 EMPLOYES DE LA COL'RONNE CROWN EMPLOYEES DE L 'ONTARIO . . GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 128 TELEPHONE/TELEPHONE, (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB #0643/99 OPSEU#99C675 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Befo re THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Farkas-Hibbert) Grievor - and - The Crown in Right of Ontario (Ministry of Transportation) Employer BEFORE Loretta Mikus Vice Chair FOR THE Ms Robin Gordon GRIEVOR Grievance Officer Ontario Public Service Employees Union FOR THE Carol Ann Witt, Counsel EMPLOYER Legal Services Branch Management Board Secretariat HEARING March 7, 2001 ORDER The grievor, Agi Farkas-Hibbert, filed a grievance alleging the Employer was in violation of the collective agreement when it denied her special and compassionate leave under article 49 Specifically, she requested and was denied leave, to attend the funeral in Barrie of her spouse=s aunt, someone she was very close to and she considered a friend The parties agreed that I should consider her request for leave under that provision as if it were her original request and not to deal with the issue of the Employer=s decision to deny the leave Having considered the case law provided to me by the parties, I am of the view she should have been granted one day with pay to attend the funeral but that her request for a travel day was not consistent with the Board=s jurisprudence and must therefore be denied The grievance succeeds in part. The grievor then is entitled to one day of special leave with pay under article 49 Dated at Toronto, this 23rd day of March, 2001 Loretta Mikus, Vice-Chair