GSB#0979/93
UNION#93E247
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lee)
Grievor
-and-
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care)
Employer
BEFORE D. J. D. Leighton Vice-Chair
FOR THE UNION Kathleen Lawrence
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Daniel Der
Employee Relations Consultant
Ministry of Health and Long-Term Care
HEARING July 5, 2002.
DECISION
Mr. Greg Lee filed a grievance in 1993 complaining that he had been wrongly denied an interview in a job competition. The grievance was not forwarded before he achieved promotion (approximately a year and a half later) to an equivalent classification. He has been promoted since then again.
The employer argued that it would serve no purpose to proceed with the hearing, when no meaningful remedy could be awarded by the board. Having heard and considered the submissions of the parties, I hereby dismiss the grievance. Given the passage of time, and in the circumstances of the case, there is no remedy. The board has held consistently that when there is no remedy available, it is a waste of the board's resources to hear the case.
Dated at Toronto this 22nd day of July, 2002.