The Association of Management, Administrative and Professional Crown Employees of Ontario (Dagssie) v. The Crown in Right of Ontario (Ministry of Environment, Conservation and Parks), 2020 CanLII 74267

GSB# 2018-3334

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 (Dagssie)

Association

• and –

The Crown in Right of Ontario (Ministry of Environment, Conservation and Parks)

Employer

BEFORE

Tatiana Wacyk

Arbitrator

FOR THE ASSOCIATION

Marisa Pollock Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

Thomas Ayers Treasury Board Secretariat Legal Services Branch Counsel

HEARING

September 22, 2020 (by Videoconference)

Interim Decision

1By decision dated August 31, 2020, I indicated that while this matter was scheduled to proceed on today’s date, the Association’s response to the Employer’s request for particulars remained outstanding.

2The Association advised it had been unable to provide the particulars, as it had received a medical note indicating the Complainant was unable to provide the Association with the necessary information, and would remain so until September 8, 2020.

3In order to preserve today’s date, the Employer agreed to a truncated timeframe for receipt of the outstanding particulars. The Association was directed to provide them by no later than September 17, 2020.

4At the commencement of today’s proceedings, the Association advised that it had made many attempts to reach the Complainant, but that he had failed to respond, and that the Association was therefore still unable to provide the particulars sought by the Employer.

5Rather, the Association advised that earlier today, the Complainant had provided another medical note. That medical note advised that the Complainant would not able to attend any meetings going forward.

6In the circumstances, the parties agreed to an adjournment to enable the Association to clarify the Complainant’s circumstances and ability to participate in this process, and advise accordingly.

7The Employer reserved its right to take any position whatsoever in relation to the Complainant’s failure to meet the terms of my August 31, 2020 decision, and his failure to attend today’s proceedings.