GSB# 2017-2271; 2017-2949; 2017-3421

UNION# 2017-0504-0012; 2017-0504-0016; 2017-0504-0018

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ali)

Union

• and -

The Crown in Right of Ontario (Ministry of Health)

Employer

BEFORE

David R. Williamson

Arbitrator

FOR THE UNION

Yuk-Sem Won Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Counsel

HEARING

May 23, 2023

Decision

1In the fall of 2017 the Grievor, Mr. Mir Hashmat Ali, filed three grievances in which he alleged he had been harassed and discriminated against in the work place and that such had caused him to take action that resulted in his unintended and involuntary resignation from the Ontario Public Service.

2These grievances came to be heard at arbitration on June 12, 2018 and on thirteen additional continuation dates up to November 5, 2019, on which dates four management employees were called upon by the Employer to give evidence. Following this there was a hearing hiatus.

3On March 13, 2023 the parties were provided with a Notice of Proceeding which set out that a continuation hearing would take place on the Zoom platform on May 23, 2023, commencing at 10:00 a.m. This same Notice of Proceeding provided clear instructions as to how to join the continuation hearing on the Zoom platform.

4On the scheduled hearing day of May 23, 2023, Employer Counsel and the above-referenced Union Grievance Officer (hereinafter referred to as Union Counsel) were both present at the hearing at 10:00 a.m. An Employee Relations Advisor and a Senior Manager were also present at that time with Employer Counsel. The Grievor was not present at the hearing at 10:00 a.m., had not shown by 11:30 a.m. that morning, and no-one present at the hearing had received any communication from the Grievor in relation to whether or not he would be in attendance. Due to the Grievor’s absence on May 23, 2023, the arbitration hearing was adjourned.

5Counsel for the Union informed the Board that the Grievor had been notified of the May 23, 2023 continuation date by e-mail on April 3, 2023, and had additionally been notified on that same date of the further scheduled hearing date of June 1, 2023. Union Counsel also informed the Board that reminder e-mails of these dates had been sent to the Grievor on the 2023 dates of April 15, April 17, April 18, May 2, May 9, May 16, May 17, and May 23. Union Counsel notified the Board that, while she had not received a direct response to her e-mails from the Grievor, she had received notification from others that indicated to her that the Grievor had received her e-mails.

6On May 23, 2023, Counsel for the Employer notified the Board and Counsel for the Union that should the Grievor either provide an unsatisfactory explanation for his absence or not provide any explanation at all, or fail to be present at the hearing on the next scheduled hearing date of June 1, 2023, the Employer may bring forward a motion to have the grievances dismissed.

7Accordingly, in light of all the foregoing, the Grievor is hereby directed to provide to Union Counsel by May 30, 2023 the reason for his non-attendance at the hearing on May 23, 2023, and to do so in the following way:

(a) No later than May 30, 2023, the Grievor is to provide to Union Counsel complete particulars in writing, along with any documentary evidence in support, with respect to:

(i) The reason or reasons for his non-attendance at the hearing on May 23, 2023; and

(ii) The reason or reasons why adequate notice could not have been provided that he would not be attending on that day.

(b) Upon receipt of any such foregoing reason or reasons for the Grievor’s non-attendance, Union Counsel shall immediately convey the reason or reasons to Employer Counsel.

(c) In the event the Grievor provides particulars as directed by paragraph (a), then the Employer may request an opportunity to make submissions at the June 1, 2023 hearing on whether the Board should dismiss the grievances. The Grievor’s grievances may or may not subsequently be dismissed following consideration of any such submissions.

(d) Should the Grievor not present himself at the June 1, 2023 hearing, his grievances may be dismissed without further notice to him.

(e) If the Grievor fails to provide particulars as directed by paragraph (a), his grievances will be dismissed without further notice to him.