HomeMy WebLinkAbout2022-4049.Manjra.23-09-26 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# 2022-4049
UNION# 2022-0528-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Manjra) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE UNION Matthew Appignanesi
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Sean White
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING September 25, 2023
-2 -
Decision
[1] The Board is seized with a grievance filed by Mr. Mohammed Manjra (“grievor”).
In essence, the grievor alleges that the employer delayed returning him to work
after he was medically cleared to return to work. By way of remedy he seeks the
wages he lost during that period of delay, and damages.
[2] When this matter came before the Board on March 15, 2022, most of the day
was spent attempting settlement through mediation. No settlement was reached.
[3] At the end of the day, the parties discussed case management in preparation for
litigation on the next scheduled hearing date, October 26, 2023. They agreed to
the following: The union to provide its particulars in writing to the employer, no
later than August 18, 2023. Upon receipt of the particulars, the employer to
provide to the union its own production, any requests for production by the union,
and give notice of any preliminary issues it intends to raise, no later than
September 8, 2023.
[4] When the Board convened on September 25, 2023, for a conference call at the
request of the parties, the employer informed that the union had to date not
provided any particulars, and that as a result none of the steps agreed upon on
March 15, 2022, had been completed. Counsel sought an order that the union
provide its particulars no later than September 29, 2023. He gave notice that if
the union does not comply with the Board order, the employer will be requesting
that the grievance be dismissed.
-3 -
[5] Union counsel informed the Board that this is not a case of the union or the
grievor deliberately ignoring the undertaking, and that there were legitimate
reasons why the union was unable to comply. Counsel assured the employer and
the Board that the particulars are now almost ready to be sent to the employer.
The union did not object to the employer’s request for a Board order or the
deadline for compliance.
[6] In the circumstances the Board hereby orders as follows:
(a) The union shall provide to the employer its particulars in writing no later
than Friday September 29, 2023.
(b) The date set out in (a) above may be changed by agreement between the
parties.
[7] The hearing will continue on October 26, 2023, as scheduled. The Board
remains seized with the grievance, including any issues that may arise from the
order issued herein.
Dated at Toronto, Ontario this 26th day of September 2023.
“Nimal Dissanayake”
Nimal Dissanayake, Arbitrator