The Association of Management, Administrative and Professional Crown Employees of Ontario (Botari) v. The Crown in Right of Ontario (Ministry of Labour), 2018 CanLII 7256

GSB#2017-0402

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

The Association of Management, Administrative and Professional Crown Employees of Ontario (Botari)

Association

• and –

The Crown in Right of Ontario (Ministry of Labour)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE ASSOCIATION

Marisa Pollock Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

George Parris Treasury Board Secretariat Legal Services Branch Counsel

HEARING

January 18, 2018

Decision

1This is termination case. A hearing was held for the purposes of considering certain case management issues. Having regard to the representations of the parties, I make the directions listed below.

2The Employer is directed to:

i. on or before January 31, 2018, provide the Association with full particulars of the facts upon which it relies in support of its decision to terminate the Complainant’s employment.

ii. on or before January 31, 2018, provide the Association with a copy of all documents within its possession and control:

a. upon which it relied in making the decision to terminate the Complainant’s employment;

b. contained in the FIT file, and any additional documents generated or received by the FIT Investigators in the course of or in relation to their investigation of the Complainant;

c. reflecting communications between the Employer and DND with respect to the Complainant;

d. constituting communications between representatives of the Employer with respect to the investigation of the Complainant’s conduct or decision to terminate his employment;

e. any notes taken by any of the Employer’s representatives during or in relation to the allegation meeting held on or about March 9, 2017;

f. any notes taken by any of the Employer’s representatives during or in relation to the termination meeting held on or about March 17, 2017;

g. any other documents upon which the Employer intends to rely in these proceedings.

iii. as soon as reasonably possible, provide the Association with an electronic copy of all email communications contained in the Complainant’s work email account for the period in issue. All such email communications will be kept confidential as between the parties and will be used only for the purposes of these proceedings.

3The Association is directed to:

i. provide the Employer with copies of any communications between the Complainant and DND with respect to work or training he was requested or directed to perform or undertake during the period in issue;

ii. provide the Employer with copies of any notes taken by the Complainant or the AMAPCEO workplace representative during or in relation to the allegation meeting held on or about March 9, 2017;

iii. provide the Employer with any documents which it reasonably anticipates it will rely upon in these proceedings.