HomeMy WebLinkAbout2000-0092.Timmerman.04-10-18 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 2000-0092
UNION# 2000-0455-0001 [00D240]
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Timmerman) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of Natural Resources) Employer
BEFORE Damel A. Hams Vice-Chair
FOR THE UNION Nelson Roland
Bamster and SOlICItor
FOR THE EMPLOYER Kelly Burke
Semor Counsel
Management Board Secretanat
HEARING October 1 2004
2
DeCISIon
The gnevor was a seasonal employee In charge of gate receIpts at Sharbot Lake ProvIncIal Park
In the summer of 1998 Over the course of that summer she stole $16 445.25 from the gate
receI pts She was dIscharged from her employment by letter dated February 4 2000 was
charged cnmInally and pleaded gUIlty to the charge on January 13 2003 ThIS Board found on
May 25 2004 that there was just cause for dIscIplIne The umon submItted that dIscharge was
exceSSIve but asked for an adjournment of that day's heanng due to the gnevor's state of mental
health. The adjournment was granted on the folloWIng terms
In VIew of the submIssIOns made by the partIes, I order that the matter be adjourned, not
to be put down for heanng before August 31 2004 Pnor to that date the umon shall
provIde to the employer clanficatIOn of the gnevor' s capacIty "to Interact In thIS
gnevance arbItratIOn," IncludIng a date by WhICh she IS expected to be able to do so The
umon shall also provIde full partIculars to the employer of the facts It says ought to lead
to mItIgatIOn of the penalty and the relIef It wIll seek.
ThIS matter was brought back on for heanng because the umon faIled to comply wIth the Board's
Order
Counsel for the umon conceded that he had been unable to comply wIth the Board's Order He
had sought medIcal reports, wIth lImIted success, and been unable to obtaIn useful InfOrmatIOn
from the gnevor
3
The employer contended that SInce the Board's Order of May 25 2004 It had made every effort
to InqUIre of the umon the status of ItS efforts, as reqUIred by the Order to no avaIl The
correspondence between the partIes was filed as part of the record. In VIew of the fact that the
central facts occurred In 1998 and that four months have past SInce the Order was gIven, the
employer submItted that the gnevance ought to be dIsmIssed for faIlure to comply wIth the
Order I agree
On May 25 2004 the tIme gIven to the umon to provIde the necessary InformatIOn was extended
to August 31 2004 despIte the able submIssIOns ofMs Burke at that tIme that the umon had
already been the beneficIary of sIgmficant forbearance on the part of the employer In the penod
SInce the Order was gIven, the umon has receIved a medIcal report from the gnevor's famIly
physIcIan dated June 25 2004 That report Includes the folloWIng
I feel she IS medIcally unfit for gaInful employment at the present tIme
The report defers to the treatIng psychlatnst on the Issue of the gnevor's fitness or otherwIse "to
partIcIpate and gIve InstructIOns at the [heanng]" before thIS Board. The treatIng psychlatnst has
seen fit to Ignore the umon' s requests to provIde a report regardIng the gnevor's abIlIty to
partIcIpate In a heanng before thIS Board. In any event, the only medIcal eVIdence before me
IndIcates that the gnevor IS Incapable of returnIng to work.
The thefts that resulted In the gnevor's dIscharge from her employment were senous and
contInuIng breaches of the employee-employer relatIOnshIp found by the courts to be cnmInal In
nature No explanatIOns or facts have been put forward to support mItIgatIOn of the penalty and
there IS no reasonable prospect that they wIll be forthcomIng soon, If ever
4
In all of the CIrcumstances the gnevance IS dIsmIssed.
Dated at Toronto thIS 18th day of October 2004