Ontario Public Service Employees Union (Manjra) v. The Crown in Right of Ontario (Ministry of the Attorney General), 2023 CanLII 89644

GSB# 2022-4049

UNION# 2022-0528-0005

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Manjra)

Union

• and -

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

Employer

BEFORE

Nimal Dissanayake

Arbitrator

FOR THE UNION

Matthew Appignanesi Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Sean White Treasury Board Secretariat Legal Services Branch Counsel

HEARING

September 25, 2023

Decision

1The Board is seized with a grievance filed by Mr. Mohammed Manjra ("grievor"). In essence, the grievor alleges that the employer delayed returning him to work after he was medically cleared to return to work. By way of remedy he seeks the wages he lost during that period of delay, and damages.

2When this matter came before the Board on March 15, 2022, most of the day was spent attempting settlement through mediation. No settlement was reached.

3At the end of the day, the parties discussed case management in preparation for litigation on the next scheduled hearing date, October 26, 2023. They agreed to the following: The union to provide its particulars in writing to the employer, no later than August 18, 2023. Upon receipt of the particulars, the employer to provide to the union its own production, any requests for production by the union, and give notice of any preliminary issues it intends to raise, no later than September 8, 2023.

4When the Board convened on September 25, 2023, for a conference call at the request of the parties, the employer informed that the union had to date not provided any particulars, and that as a result none of the steps agreed upon on March 15, 2022, had been completed. Counsel sought an order that the union provide its particulars no later than September 29, 2023. He gave notice that if the union does not comply with the Board order, the employer will be requesting that the grievance be dismissed.

5Union counsel informed the Board that this is not a case of the union or the grievor deliberately ignoring the undertaking, and that there were legitimate reasons why the union was unable to comply. Counsel assured the employer and the Board that the particulars are now almost ready to be sent to the employer. The union did not object to the employer's request for a Board order or the deadline for compliance.

6In the circumstances the Board hereby orders as follows:

(a) The union shall provide to the employer its particulars in writing no later than Friday September 29, 2023.

(b) The date set out in (a) above may be changed by agreement between the parties.

7The hearing will continue on October 26, 2023, as scheduled. The Board remains seized with the grievance, including any issues that may arise from the order issued herein.