HomeMy WebLinkAbout1984-0751.Avery.85-01-16ONURIO CROW EUPâOWES
GRIEVANCE
!W;bEMENT
IN THE MATTER OF AN ARE
Under
THE CROWN EMPLOYEES COLLECTIVE
Before
THE GRIEVANCE SETTLEMEN
Between: CPSEU (6. Avery)
- and -
The Crown in Right of Ontario
(Ministry of Transportation and
Communications)
Employer
Before: M. K. Saltman Vice Chairman
I. J. Thompson Member
D. B. Middleton Member
For the Grievor: S. T. Goudge, Q.C.
Counsels
Gowling & Henderson
For the Employer: J. F. Braithwaite
Manager, Staff Relations Office
Human Resources Planning and Services Branch
Ministry of Transportation and Communications
751184
TRATION
BARGAINING ACT
BOARD
Grievor
Hearing: November 13. 1984
c I:
- 2 - / ' _"
INTERIM AWARD
This is a dismissal case. A hearing in this matter
was convened in Toronto on November 13, 1984. At the outset of the
hearing, the Employer requested an adj.ournment as a key witness was
unavailable due evidently to illness in the family. Regrettably,
there were no other witnesses present for the Employer and so the
Employer was unable to proceed with its case. The request for an
adjournment was opposed by the Union which was first advised of the
request on Friday, November'9, 1984. By that time, the Grievor had
already travelled to Toronto in preparation for the hearing.
After considering the matter, the Board acceded to the
Employer's .request as the reasons for the.adjournment were due to
circumstances beyond the control of the Employer. Nevertheless, as
the Grievor was prepared to proceed on November 13th, in the Board's
view, he oughtto,be compensated for his reasonable costs associated
lY9
of
is
with his travel to Toronto for preparation of the hearing. Evident
the Grievor was in Toronto from Friday, November 9th until the date
hearing. In the Board's view, this
a reasonable period of'time for preparation and the Grievor is
entitled to reasonable costs in respect of this period.
these costs
the Board wi
The Grievor's counsel, Mr. Goudge, has agreed to monitor
If there is further disagreement as to the costs payable,
11 determine this matter.
Accordi
Board will remain sei
-3-
sine die. The
ngly, the hearing is adjourned
zed for the purposes of determ ining the reasonable
costs of the adjournment.
Dated at Toronto this 16 t
h day of January, 1985
y&+&#ddk
PI. K. Saltman, Vice Chairman
I. Jwhompson, Member
aA AZ-L&
D. B. Middleton, Member