HomeMy WebLinkAbout2019-2146.Ormiston.2022-10-06 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# 2019-2146
UNION# 2019-0317-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ormiston) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Christopher Albertyn Arbitrator
FOR THE UNION Georgina Watts
Morrison Watts
Counsel
FOR THE EMPLOYER Sean White
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARINGS
July 13 and October 4, 2022
- 2 -
Decision
[1] This decision concerns a termination grievance.
[2] The Grievor was hired in May 2003 as an OAG 9, Court & Client Representative,
in the Court Services Division of the Ministry in Bracebridge, Ontario. At the time
she was terminated, on September 27, 2019, the Grievor had been working for
about two years as the bookkeeper of the Bracebridge Court house (“the Court”)
for the Simcoe-Muskoka Court District.
[3] The essential facts are reflected in the criminal court record and not in dispute by
virtue of the application of s. 48.1 of the Crown Employees Collective Bargaining
Act, 1993, SO 1993, c 38.
[4] In brief, an audit of the Court’s books was done during August and September
2019 which revealed that the Grievor had, from November 2018 to August 2019,
written 29 cheques to herself or her daughter from the Court’s funds, totalling
$54,254.11. She admitted to doing so. She was terminated, as mentioned, and
charged criminally. She was convicted of fraud and sentenced to a six-month jail
term on May 31, 2022 by Justice R. Wood of the Ontario Court of Justice.
[5] The Union filed a grievance on October 24, 2019, challenging the Grievor’s
termination.
[6] The matter was first heard on July 13, 2022. The Grievor was not able to attend,
presumably due to being in custody at the time. The matter was heard again on
October 4, 2022. Union counsel made efforts to arrange for the Grievor’s
attendance, including notice of the proceedings sent via an express post letter to
her last known address, reaching out to her criminal lawyer and writing to the email
address provided and leaving voice messages at the Grievor’s last known phone
number. Notwithstanding such efforts the Grievor did not appear at the October 4,
2022 arbitration hearing.
[7] The Employer asked that the grievance be dismissed. The Union opposed the
Employer’s request.
[8] There is a further date for hearing scheduled for November 29, 2022.
- 3 -
[9] I think that the Grievor should have one more clear opportunity to attend the
hearing so that the Union can advance her case. However, she must understand
that if she does not attend at the next hearing date, on November 29, 2022, her
grievance will be dismissed.
[10] Accordingly, I issue the following directions:
1. The hearing is adjourned until the next scheduled hearing date, November 29,
2022.
2. Union counsel is requested to make best efforts to bring to the Grievor’s attention
that, should she not appear at the hearing on that date, her grievance will be
dismissed.
[11] I remain seized.
Dated at Toronto, Ontario this 6th day of October 2022.
"Christopher Albertyn”
Christopher Albertyn, Arbitrator