HomeMy WebLinkAbout2021-0738.Singh.21-12-14 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2021-0738
UNION# 2021-0526-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Singh) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE
Dale Hewat
Arbitrator
FOR THE UNION
Jorge Hurtado
Morrison Watts
Counsel
FOR THE EMPLOYER Jonathan Rabinovitch
Treasury Board Secretariat
Counsel
HEARING December 8, 2021
-2-
DECISION
[1] This matter is a grievance filed on behalf of Shanelle Singh (the “Grievor”),
alleging wrongful termination from employment. A hearing was held by
videoconference on December 8, 2021. The Grievor failed to attend the hearing,
and as a result, the hearing was adjourned.
[2] On September 13, 2021, a Notice of Proceeding was sent to the Parties which
indicated that the matter was scheduled for an arbitration hearing on December
8, 2021. An additional Notice of Proceeding was issued on November 25, 2021,
confirming that the arbitration would proceed on December 8, 2021, by
videoconference with the videoconference link provided.
[3] At the hearing on December 8, 2021, Counsel for the Union advised that he had
not heard from the Grievor and did not know if she would be attending. He also
shared that he had recently been trying to contact the Grievor to discuss her
case without success. Counsel stated that on December 6, 2021, an OPSEU
Grievance Officer sent an email to the Grievor asking her to contact Counsel but
received no response. Additionally, Counsel sent the Grievor emails and tried to
reach her on December 6 and 7, 2021 by leaving voicemails asking her to
contact him. The Grievor did not respond to any of the communications sent to
her by Counsel. At 10:13 a.m. on the day of the hearing, Counsel called and left
a voicemail on the Grievor’s phone, but she did not return his call.
[4] The Grievor is hereby directed to provide to Union Counsel the reason for her
non-attendance on December 8, 2021, no later than January 13, 2022, failing
which this matter may be dismissed with no further notice to the Grievor. Should
the Grievor provide a reason for non-attendance, the Union shall convey the
reason to Employer Counsel.
[5] Should Employer Counsel intend to bring a motion that as a result of the
Grievor’s failure to attend on December 8, 2021, the matter ought to be
dismissed, he will advise the Union and the GSB and, after consultation with
Union Counsel, advise the GSB if the motion will be heard by teleconference or
video conference. If the Employer does not object to the matter being relisted for
a hearing, the Parties will contact the GSB to ask for a further hearing date to be
set.
Dated at Toronto, Ontario this 14th day of December, 2021.
“Dale Hewat”
______________________
Dale Hewat, Arbitrator