GSB# 2005-1927, 2005-1928

UNION# 2005-0528-0002, 2005-0528-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Rodrigues)

Union

• and -

The Crown in Right of Ontario (Ministry of Labour)

Employer

BEFORE

Richard Brown

Vice-Chair

FOR THE UNION

Gavin Leeb Barrister and Solicitor

FOR THE EMPLOYER

Sean Kearney Senior Counsel Ministry of Government Services

HEARING

August 14 & 15, September 15, November. 3, 24 & 27, December 20, 2006; March 22 & 29, 2007.

Decision

Maria Rodrigues grieves the termination of her employment as a Worker Advisor representing injured workers with compensation claims. The evidence in this case, comprised of 76 exhibits and several days of testimony, is summarized below.

I

The grievor’s employment began in January of 1986 and ended in September of 2005. The termination letter is dated September 15, 2005 and signed by Mary Tzaferis, regional manger for the Office of the Worker Advisor. It states:

As you are aware, a meeting was held with you and your union representative on August 12, 2005. This meeting was held in order to provide you with an opportunity to address concerns that were raised with you in my letters dated: April 23, 2004, June 10, 2004, July 29, 2004, August 24, 2004, September 22, 2004 and June 14, 2005 (copies attached). The concerns raised were related to: 1) your failure to contact me regarding information requested on the Client file; and 2) my review of your work performance for the period December 1, 2003 to March 31, 2004.

During our meeting of August 12, 2005, you advised me that it was not possible to provide a response to the concerns raised, as you did not have access to the files that were named in my letters. As a result, we agreed that I would provide you with the files and that a detailed written response would be forwarded to me by August 26, 2005. A subsequent extension to September 2, 2005 was provided, as it was necessary for you to be absent from the office