GSB# 2022-11289
UNION# 2022-0551-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Ranganathan)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Marilyn A. Nairn
Arbitrator
FOR THE UNION
Robert Healey Ryder Wright Holmes Bryden Nam LLP Counsel
FOR THE EMPLOYER
Suneel Bahal Treasury Board Secretariat Legal Services Branch Senior Counsel
HEARING
June 4, 2024
INTERIM DECISION
1This grievance challenges the Employer’s decision to terminate the Grievor’s employment. Various dates have been scheduled for hearing on the agreement of the parties. Early on the scheduled date of May 27, 2024, the Union sought an adjournment of that day based on the Grievor’s inability to attend due to a medical issue. The Employer consented to that adjournment.
2The matter convened on May 30, 2024 and mediation efforts were undertaken. The matter was to reconvene on June 4, 2024. At that time the Grievor did not attend. It appears that she left a message for the Local President in the early morning indicating simply that she would not be attending. Multiple attempts prior to 10:30am to contact the Grievor by both the Local President and Union counsel were unsuccessful. The Union is therefore unable to advise whether the Grievor’s absence was due to an inability to attend due to a medical issue or whether the Grievor’s absence was due to some other reason.
3A grievor is expected to attend proceedings dealing with their grievance or, if an adjournment of a scheduled date is required, to provide an explanation as to why they are unable to attend. Days have been set aside and various individuals attend in order to address the issues raised by the grievance. Costs are incurred. Adjournments are generally only warranted based on a verifiable inability to attend.
4This matter is scheduled to reconvene on June 14, 2024. Prior to that date, the Grievor is to provide Union counsel with an explanation regarding her failure to attend on June 4, 2024. Upon receipt of that explanation, Union counsel is to advise the Board of same.
5Should the Grievor seek to rely on medical reasons to explain any further inability to attend, a medical certificate from an attending health practitioner will be required to substantiate that inability to attend and any resulting adjournment request.
6Any further failure to attend these proceedings and/or a failure to appropriately substantiate any request for an adjournment of these proceedings may cause the Employer to seek to have the grievance dismissed at this stage.
7This matter will reconvene by videoconference on June 14, 2024, at 10:00am.
Dated at Toronto, Ontario this 4th day of June, 2024.