Ontario Public Service Employees Union (Ploedt) v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2024 CanLII 129659

GSB# 2023-02385

UNION# 2023-0229-0041

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ploedt)

Union

• and -

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

Employer

BEFORE

Kelly Waddingham

Arbitrator

FOR THE UNION

Rebecca Jones Ryder Wright Holmes Bryden Nam LLP Counsel

FOR THE EMPLOYER

Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel

CONFERENCE CALL

December 12, 2024

Decision

1The grievance before me concerns the termination of the grievor ‘s employment.

2On October 26, 2023 in accordance with s.42 of the Public Service of Ontario Act, 2006 the grievor was declared to have abandoned his position with the Ontario Public Service and his employment was terminated. The union filed a grievance on behalf of the grievor.

3On June 18, 2024, a mediation/case management hearing was convened. The grievor attended the June 18, 2024 meeting and agreed to the scheduled mediation date of January 24, 2025. A written Direction was issued on June 18, 2024 setting out the parties’ agreement on issues of prehearing production, procedure and confirming the January 24, 2025 mediation.

4A conference call was held on December 12, 2024, at the request of the parties. Union counsel reported that the grievor has not communicated with the Union despite numerous attempts to speak with the grievor. These efforts included emails, phone messages, regular and registered mail. The grievor’s email and phone remain operational and no mail has been returned. The Union’s attempts to contact the grievor by mail were made prior to the current Canada Post strike.

5The grievor is strongly urged to contact the Union immediately to participate in the preparation of his grievance and attend the mediation scheduled for January 24, 2025.

6The grievor is hereby put on notice that any future failure to attend a mediation/hearing without adequate notice or explanation with supporting documentation may lead to dismissal of his grievance.