HomeMy WebLinkAbout2015-1330.Dubuc.22-02-28 Decision
Crown 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#2015-1330
UNION# 2015-0453-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dubuc) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Bram Herlich Arbitrator
FOR THE UNION Mireille Giroux
Koskie Minsky LLP
Counsel
FOR THE EMPLOYER Thomas Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING Nov 21, Dec 4, 5, 18 and 19, 2018. Jan 23; Feb 5, 6, 20 and 21
Mar 20; May 9; Jun 12; Aug 14; Nov 19; Dec 10 and 18, 2019.
Jan 14, 21; Feb 4, 11 and 12; Aug 13 and 25; Oct 28; Apr 22;
May 18, 2021. Feb 4, 22 and 24, 2022.
- 2 -
Decision
[1] Having regard to the evidence placed before me and having heard the submissions
of the Parties, I am satisfied that the Employer did not have just cause to terminate
the Grievor.
[2] The Parties have engaged in lengthy discussions as to the amount of lost wages
that the Grievor would have been entitled to had he not been terminated. The Parties
have agreed on that amount. I order the Employer to make that payment to the
Grievor to compensate him accordingly.
[3] Despite reaching agreement on the above-noted amount, I understand there may
still be disputes between the Parties with respect to claims for additional
compensation or other issues that arise from the reinstatement of the Grievor.
[4] The Union and Grievor are ordered, within ten (10) days, to make a request for
production of documents related to the Grievor’s concerns about the authorship of
investigation reports. Should the Employer agree to produce those documents, the
Union and Grievor will have an opportunity to particularize any allegations and/or
claims for remedy flowing directly from the production of said documents. If the
Employer does not agree to produce the documents, I remain seized with respect
to any dispute about production.
[5] With the exception of any claims flowing from the documents requested pursuant to
paragraph 4, the Grievor and Union are ordered to identify and particularize all such
issues within fourteen (14) days of this decision. Should any issue not be identified
within this timeframe, the Grievor and Union will not be able to raise any such claim
in any subsequent hearing dates.
Dated at Toronto, Ontario this 28th day of February 2022.
“Bram Herlich”
___________________
Bram Herlich, Arbitrator