Initial suspension for insubordination upheld; subsequent suspensions without pay pending external investigation declared improper.
The grievor, a dentist at a regional centre, was suspended with pay for the remainder of the day following an altercation with his supervisor.
He was subsequently suspended without pay for successive twenty-day periods pending an investigation into his professional fitness by the Royal College of Dental Surgeons.
The grievor filed grievances alleging improper suspension and seeking damages.
The Public Service Grievance Board found it had jurisdiction to hear the suspension grievances, determining they were disciplinary in nature.
The Board held that the initial suspension for the remainder of the day was justified due to insubordination, but the subsequent suspensions without pay were improper because the employer failed to conduct its own hearing as required by the regulations and instead relied on an external investigation.
The claims for damages and costs were dismissed as they were raised too late in the proceedings.
OPSGBOntario Public Service Grievance BoardDec 11, 1984
