HomeMy WebLinkAbout2008-1105.Williams.11-02-04 Decision
Commission de
Crown Employees
Grievance Settlement
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Board
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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 7pO
Fax (416) 326-1396 7pOpF
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Union
- and -
Employer
BEFOREVice-Chair
FOR THE UNION
FOR THE EMPLOYER
HEARING
"Jason Williams (GST#2008-1105)
In the particular circumstances of this case and on the consent of the parties, on the December 8,
2010 hearing date scheduled for this matter the parties agreed to have the Board determine a
particular question and consented to the procedure that will apply to the litigation of this matter
on a go forward basis. Set out below is the question and the procedure. This methodology is
being employed on the specific agreement of the parties and this agreed upon methodology is
without prejudice and precedent to any other cases (as it relates to procedure).
The question the parties have put before me is, "Has the Employer established a prima facie case
for dismissal?"
If the Board determines that the Employer has established a prima facie case for dismissal, the
case will proceed in the ordinary course.
If the Board determines that the Employer has not established a prima facie case for the dismissal,
the dismissal will be set aside and the Grievor reinstated in accordance with the agreement of the
parties.
The parties have already agreed upon the penalty to be substituted and date of retroactivity for
compensation purposes should the Board order the Grievor reinstated at this juncture of the
proceedings. Vice-Chair Carrier is seized to deal with any issues related to the quantum or
composition of retroactive compensation (but not the period of such).
The parties agree that the Vice-Chair will not be informed of the penalty to be substituted and date
of retroactivity for compensation purposes."
BACKGROUND AND EMPLOYER EVIDENCE
THE DECISION
prima facie