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

HEARING

June 18, 2024, July 15, and September 26, 2025

Decision

1This is a termination grievance. On October 26, 2023, following the grievor’s unauthorized absence from the workplace, the Employer deemed that the grievor had abandoned his position and terminated his employment.

2This case management direction sets out the procedure for determining the grievance.

Background

3At the first day of hearing on June 18, 2024, the parties determined that pre-hearing production was required to facilitate mediation. At the July 15, 2025 mediation, counsel for OPSEU advised that prehearing production had not been provided to the Employer due to ongoing difficulties in contacting the grievor to obtain the necessary medical release form. The grievor signed the release form and the matter proceeded to mediation on September 26, 2025, but the parties were unable to resolve the grievance. Hearing dates are scheduled for July and September 2026. Before commencing litigation in 2026, the parties wish a final opportunity to reach a mediated settlement and request notice of any dates available on or after November 1, 2025 in the arbitrator’s calendar due to a cancellation.

4The parties agree that the most expeditious and efficient process to litigate this grievance is by way of an Agreed Statement of Fact (“ASF”) or partial (ASF) and Will-Say Statements. It was further agreed that the grievor and medical professionals will provide viva voce evidence.

Schedule

4. The parties agree to the following schedule:

• October 3, 2025 –OPSEU will request any outstanding prehearing production.

• October 31, 2025 – The Employer shall provide OPSEU with the documents it does not object to producing and make any further prehearing production requests.

• December 18, 2025 – The Employer shall deliver a draft ASF and Book of Documents.

• January 23, 2026 – OPSEU shall deliver its response to the draft ASF.

• April 2, 2026 – The Employer shall deliver the Will-Say Statements for each intended witness. Each Will-Say Statement must contain the detailed, particularized facts and any documents that the Employer anticipates will form the witness’s evidence-in-chief. Each witness, when called, will be expected to adopt their Will-Say Statement and will be subject to cross-examination by OPSEU and, where appropriate, re-examination by the Employer.

5Continuation dates are scheduled for July 14, 27, and September 23, 29, 2026. The parties agree that the grievor’s medical witnesse(s) will testify on September 23, 2026.

6All dates in this Case Management Decision are subject to change by agreement of the parties or by direction of the Arbitrator.