GSB# 2021-0738

UNION# 2021-0526-0019

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Singh)

Union

• and -

The Crown in Right of Ontario (Ministry of the Attorney General)

Employer

BEFORE

Dale Hewat

Arbitrator

FOR THE UNION

Jorge Hurtado Morrison Watts

Counsel

FOR THE EMPLOYER

Jonathan Rabinovitch

Treasury Board Secretariat

Counsel

HEARING

December 8, 2021

DECISION

1This matter is a grievance filed on behalf of Shanelle Singh (the "Grievor"), alleging wrongful termination from employment. A hearing was held by videoconference on December 8, 2021. The Grievor failed to attend the hearing, and as a result, the hearing was adjourned.

2On September 13, 2021, a Notice of Proceeding was sent to the Parties which indicated that the matter was scheduled for an arbitration hearing on December 8, 2021. An additional Notice of Proceeding was issued on November 25, 2021, confirming that the arbitration would proceed on December 8, 2021, by videoconference with the videoconference link provided.

3At the hearing on December 8, 2021, Counsel for the Union advised that he had not heard from the Grievor and did not know if she would be attending. He also shared that he had recently been trying to contact the Grievor to discuss her case without success. Counsel stated that on December 6, 2021, an OPSEU Grievance Officer sent an email to the Grievor asking her to contact Counsel but received no response. Additionally, Counsel sent the Grievor emails and tried to reach her on December 6 and 7, 2021 by leaving voicemails asking her to contact him. The Grievor did not respond to any of the communications sent to her by Counsel. At 10:13 a.m. on the day of the hearing, Counsel called and left a voicemail on the Grievor's phone, but she did not return his call.

4The Grievor is hereby directed to provide to Union Counsel the reason for her non-attendance on December 8, 2021, no later than January 13, 2022, failing which this matter may be dismissed with no further notice to the Grievor. Should the Grievor provide a reason for non-attendance, the Union shall convey the reason to Employer Counsel.

5Should Employer Counsel intend to bring a motion that as a result of the Grievor's failure to attend on December 8, 2021, the matter ought to be dismissed, he will advise the Union and the GSB and, after consultation with Union Counsel, advise the GSB if the motion will be heard by teleconference or video conference. If the Employer does not object to the matter being relisted for a hearing, the Parties will contact the GSB to ask for a further hearing date to be set.