GSB #157/98
OPSEU #98A354
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Holmes)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General and Correctional Services) Employer
BEFORE M. Saltman Vice Chair
FOR THE Nelson J. Roland, Counsel GRIEVOR Barrister & Solicitor
FOR THE Christopher Jodhan, Counsel EMPLOYER Legal Services Branch Management Board Secretariat
HEARING October 2, 2000.
INTERIM AWARD
The Grievor in this case, Dene Holmes, claims that he was unjustly dismissed.
At the conclusion of the Employer’s case, the Union brought a motion for non-suit, claiming that the Employer had failed to establish a prima facie case on all of the elements that were essential to the grounds for dismissal. In accordance with the Board’s usual practice, the Union was allowed to argue its motion without being put to its election as to whether or not to call evidence.
The Board has considered this matter carefully and decided that the motion for non-suit must be dismissed. In accordance with the Board’s procedure set out in Faler 218/89, there will be no reasons given for the Board’s decision on this matter.
The hearing will be reconvened on its merits on November 10, 2000. The Board will remain seized until the grievance is finally resolved.
Dated at Toronto, this 16th day of October, 2000.