OPSGB 2013

The complainants, two Operational Managers, filed grievances regarding their pay upon confirmation in their roles.

The employer raised a preliminary objection that the complaints were not filed with the Public Service Grievance Board within the time limits prescribed by Regulation 378/07.

The Board found that the complaints were filed several months late and that, unlike under previous regulations, it no longer possessed the statutory authority to extend the time limits.

Consequently, the Board lacked jurisdiction to hear the complaints on their merits, and the complaints were dismissed.

The complainant was discharged by the employer and subsequently filed a complaint with the Public Service Grievance Board.

The employer raised a preliminary objection, arguing that the Board lacked jurisdiction because the complainant failed to file the Form 1 Application within the mandatory 14-day time limit prescribed by Ontario Regulation 378/07.

The Board agreed, finding that the time limits in the regulation are mandatory and that it has no statutory authority to extend them.

Consequently, the complaint was dismissed for lack of jurisdiction.

The complainant, a senior manager, grieved that the employer breached a settlement agreement by offering her a Project Manager position reporting to a manager she disliked, and subsequently grieved her termination for just cause.

The employer terminated her after discovering she had attended a full-time college program while collecting short-term sick benefits, and had been untruthful during the ensuing investigation.

The Public Service Grievance Board dismissed both grievances, finding no breach of the settlement agreement and concluding that the complainant's deliberate dishonesty and lack of remorse irrevocably broke the employment relationship, justifying her discharge.

The complainant received a ten-day suspension and filed a notice of proposal to file a complaint well outside the 14-day time limit prescribed by section 8 of Ontario Regulation 378/07.

The employer raised a preliminary objection regarding the Board's jurisdiction.

The Public Service Grievance Board held that the time limits in the Regulation are mandatory and that notice within the time limit is an essential precondition for the Board to assume jurisdiction.

As there is no statutory authority to relieve against these mandatory time limits, the complaint was dismissed for lack of jurisdiction.

The complainant sought interim relief to postpone an anticipated job competition process, arguing he had an arguable case on the merits and the harm of possible dismissal outweighed any harm to the employer.

The employer opposed, arguing the complainant lacked an arguable case and the balance of harm favoured the employer's planned workforce reorganization.

The Public Service Grievance Board dismissed the application, finding the complainant failed to establish that the Board's broad remedial powers would be insufficient to fashion an appropriate remedy following a full hearing on the merits.

The complainant sought interim relief to prevent the employer from offering his current job as a Field Intelligence Officer for province-wide competition, arguing it breached his employment contract.

The employer opposed, citing its planned reorganization and the Board's ability to fashion a remedy later.

The Public Service Grievance Board dismissed the application for interim relief, finding that its broad remedial powers, including reinstatement and compensatory damages, would be sufficient to provide an adequate remedy if the complainant ultimately succeeded on the merits.

The complainant filed a grievance alleging a breach of minutes of settlement and challenging their termination.

The Public Service Grievance Board found no breach of the settlement and concluded that the employer had proven just cause for the termination.

The complaint was dismissed, with full reasons to follow.

The complainant requested an unpaid leave of absence but did not receive a timely answer from the employer, causing her to miss an employment opportunity.

She filed a complaint with the Deputy Minister outside the 14-day time limit prescribed by section 8 of Ontario Regulation 378/07.

The employer raised a preliminary objection that the Public Service Grievance Board lacked jurisdiction due to the missed time limit.

The Board held that the 14-day notice requirement is mandatory and a precondition to its jurisdiction.

As the Board has no statutory authority to extend this time limit, the complaint was dismissed.

Several Operational Managers at the Elgin Middlesex Detention Centre filed grievances alleging that the employer failed to provide a harassment-free workplace, pointing to derogatory and disrespectful comments posted on a union local's blog.

The complainants argued that the employer's failure to discipline the bloggers or bring in a restoration team condoned the behaviour and breached the Workplace Discrimination and Harassment Policy.

The Public Service Grievance Board dismissed the complaints, finding that senior management's response—which included issuing joint memos, consulting with the union, and successfully having the blog password-protected—was reasonable in the circumstances and did not constitute a breach of the complainants' terms and conditions of employment.