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HomeMy WebLinkAbout2008-2848.Kader.09-07-21 Decision Commission de Crown Employees Grievance règlement des griefs Settlement Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB#2008-2848 UNION#2008-0329-0022 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Kader) Union - and - The Crown in Right of Ontario (Ministry of Health and Long-Term Care) Employer BEFOREVice-Chair Nimal Dissanayake FOR THE UNION Don Martin Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Kylie Humphreys and Stephanie Floras Ministry of Health and Long-Term Care Employee Relations Consultants HEARING July 16, 2009. - 2 - Decision [1]The grievor, Ms. Cynthia Kader was hired into the unclassified staff as a part-time Food Service Associate. Her most recent contract was from March 24, 2008 to September 21, 2008. [2] By letter dated May 28, 2008 the employer provided Ms. Kader with sixteen weeks of notice under the Employment Standards Act, and confirmed that her last day of employment would be September 21, 2008. [3] On August 29, 2008, Ms. Kader grieved, alleging that ?the employer has violated article 2 and article 3 of the collective agreement and any other applicable articles or legislation that applies?. [4] The grievance was scheduled for mediation/arbitration before me pursuant to article 22.16. The parties advised that there was no prospect of a settlement through mediation, and jointly requested that I receive the uncontested facts and the respective positions of the parties, and issue a decision. The facts were presented by counsel by way of opening statements, and relevant material was filed. [5] Having considered the respective positions of the parties, I find no merit in the grievance. While a violation of article 2 is alleged, there is no assertion that the employer?s exercise of its management right to not renew Ms. Kader?s unclassified contract, in any way adversely affected any right she had under the collective agreement, except for article 3. [6] While Ms. Kader has alleged discrimination in violation of article 3 and the Ontario Human Rights Code, there is no evidence suggesting that there was any discrimination on the basis of a prohibited ground. All I am left with is her assertion that the fact that she is ?a 23 year old female who is in an unclassified position with limited means of grieving dismissal? is a possible reason for the discrimination. - 3 - [7] On the contrary, the employer has provided evidence supporting its position that its decision to not renew Ms. Kader?s contract was based on operational requirements. It has provided evidence substantiating that due to the return of four employees from maternity leave, and one from a parental leave, there was no on-going need for Ms. Kader?s services. [8] In the circumstances, no violation has been established, and the grievance is hereby dismissed. st Dated at Toronto this 21 day of July 2009. Nimal Dissanayake, Vice-Chair