HomeMy WebLinkAbout2017-2271.Ali.2023-05-25 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# 2017-2271; 2017-2949; 2017-3421
UNION# 2017-0504-0012; 2017-0504-0016; 2017-0504-0018
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ali) Union
- and -
The Crown in Right of Ontario
(Ministry of Health) Employer
BEFORE David R. Williamson Arbitrator
FOR THE UNION Yuk-Sem Won
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Counsel
HEARING May 23, 2023
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Decision
[1] In the fall of 2017 the Grievor, Mr. Mir Hashmat Ali, filed three grievances in which
he alleged he had been harassed and discriminated against in the work place and
that such had caused him to take action that resulted in his unintended and
involuntary resignation from the Ontario Public Service.
[2] These grievances came to be heard at arbitration on June 12, 2018 and on thirteen
additional continuation dates up to November 5, 2019, on which dates four
management employees were called upon by the Employer to give evidence.
Following this there was a hearing hiatus.
[3] On March 13, 2023 the parties were provided with a Notice of Proceeding which set
out that a continuation hearing would take place on the Zoom platform on May 23,
2023, commencing at 10:00 a.m. This same Notice of Proceeding provided clear
instructions as to how to join the continuation hearing on the Zoom platform.
[4] On the scheduled hearing day of May 23, 2023, Employer Counsel and the above-
referenced Union Grievance Officer (hereinafter referred to as Union Counsel) were
both present at the hearing at 10:00 a.m. An Employee Relations Advisor and a
Senior Manager were also present at that time with Employer Counsel. The Grievor
was not present at the hearing at 10:00 a.m., had not shown by 11:30 a.m. that
morning, and no-one present at the hearing had received any communication from
the Grievor in relation to whether or not he would be in attendance. Due to the
Grievor’s absence on May 23, 2023, the arbitration hearing was adjourned.
[5] Counsel for the Union informed the Board that the Grievor had been notified of the
May 23, 2023 continuation date by e-mail on April 3, 2023, and had additionally been
notified on that same date of the further scheduled hearing date of June 1, 2023.
Union Counsel also informed the Board that reminder e-mails of these dates had
been sent to the Grievor on the 2023 dates of April 15, April 17, April 18, May 2, May
9, May 16, May 17, and May 23. Union Counsel notified the Board that, while she
had not received a direct response to her e-mails from the Grievor, she had received
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notification from others that indicated to her that the Grievor had received her e-
mails.
[6] On May 23, 2023, Counsel for the Employer notified the Board and Counsel for the
Union that should the Grievor either provide an unsatisfactory explanation for his
absence or not provide any explanation at all, or fail to be present at the hearing on
the next scheduled hearing date of June 1, 2023, the Employer may bring forward a
motion to have the grievances dismissed.
[7] Accordingly, in light of all the foregoing, the Grievor is hereby directed to provide to
Union Counsel by May 30, 2023 the reason for his non-attendance at the hearing on
May 23, 2023, and to do so in the following way:
(a) No later than May 30, 2023, the Grievor is to provide to Union Counsel
complete particulars in writing, along with any documentary evidence in support, with
respect to:
(i) The reason or reasons for his non-attendance at the hearing on May
23, 2023; and
(ii) The reason or reasons why adequate notice could not have been
provided that he would not be attending on that day.
(b) Upon receipt of any such foregoing reason or reasons for the Grievor’s non-
attendance, Union Counsel shall immediately convey the reason or reasons to
Employer Counsel.
(c) In the event the Grievor provides particulars as directed by paragraph (a), then
the Employer may request an opportunity to make submissions at the June 1, 2023
hearing on whether the Board should dismiss the grievances. The Grievor’s
grievances may or may not subsequently be dismissed following consideration of
any such submissions.
(d) Should the Grievor not present himself at the June 1, 2023 hearing, his
grievances may be dismissed without further notice to him.
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(e) If the Grievor fails to provide particulars as directed by paragraph (a), his
grievances will be dismissed without further notice to him.
Dated at Toronto, Ontario this 25th day of May 2023.
“David R. Williamson”
David R. Williamson, Arbitrator