GSB# 2024-02105
UNION# 2024-0579-0013
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Shafshak)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Diane Gee
Arbitrator
FOR THE UNION
Awnonna Rashid Collins & Metcalfe LLP Counsel
FOR THE EMPLOYER
Braden MacLean Treasury Board Secretariat Legal Services Branch Counsel
HEARING
June 26, 2025
Decision
1This matter concerns a grievance filed by the grievor on October 25, 2024, in which is it alleged the grievor was terminated without just cause.
2This grievance was scheduled to be heard on June 26, 2025, by means of videoconference. The Grievor failed to appear at the scheduled start time of 10:00 AM.
3Union counsel advised that she had made efforts to contact the grievor on four prior occasions by way of email and received no response. At counsel’s request, the Local President also made efforts to contact the grievor by email and received no response. The Union does not have a current phone number for the grievor. The Union sent notice to the grievor by way of email that the hearing would be taking place commencing at 10:00 a.m. on June 26, 2025, and received no response. While Union counsel did not have first-hand knowledge of the facts, it had been mentioned to her that there was some cause to believe the grievor may be suffering from a disability.
4The Union asked that the grievance be adjourned sine die or, in the alternative, that the grievor be given an opportunity to explain her absence prior to any decision being made as to whether the grievance ought to be dismissed. The Employer argued that the grievance should be dismissed and, in the alternative, that the grievor should be required to provide an explanation for her absence and the Employer provided with an opportunity to object to the reasonableness thereof prior to the matter being relisted for hearing.
5At the hearing, I ruled orally that it did not serve the parties’ interests to adjourn the grievance sine die potentially allowing it to be revived after what could be a considerable delay. Having regard to the stated potential by Union counsel that the grievor may have a reasonable explanation for her nonattendance, I ruled that the grievance would not be dismissed without giving the grievor an opportunity to explain.
6Accordingly, I hereby order the grievor to contact the Union no later than July 18, 2025, and provide an explanation for her not attending the hearing on June 26, 2025. If the grievor advises she was unable to attend the hearing, supporting documentation, such as a medical certificate, is to be provided. The Union is to provide any explanation it receives from the grievor to Employer Counsel by no later than July 21, 2025.
7Should the grievor not respond as directed above, within the time allowed, this grievance will be dismissed.
8Should the Union provide the grievor’s explanation for her non-attendance at the hearing to Employer counsel by no later than July 21, 2025, the Employer will have until August 8, 2025 to advise the Union and the Board as to whether it accepts the grievor’s explanation and agrees to reschedule the hearing of the grievance. Should the Employer take the position that the grievor’s explanation is insufficient and ask that the grievance be dismissed without a hearing on the merits, a further hearing date will be set to hear the parties’ submissions on this issue.
Dated at Toronto, Ontario this 27th day of June 2025.