PSGB#2016-1233

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Mario Laforest

Complainant

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Marilyn A. Nairn

Vice Chair

FOR THE COMPLAINANT

Mario Laforest

FOR THE EMPLOYER

Henry Huang Treasury Board Secretariat Legal Services Branch Counsel

HEARING

January 6, 2017

Decision

1This complaint claims payment for a missed overtime opportunity for a 12-hour overtime shift on July 25, 2016. The employer raised a preliminary objection to the Board’s jurisdiction to hear the complaint. That objection was heard.

2For reasons given orally at the hearing, this complaint must be dismissed. There was no dispute that the complainant failed to provide any notice of proposal to file a complaint to the Deputy Minister in accordance with sub-section 8 (1) 1 of Ontario Regulation 378/07. Further, in accordance with sub-section 8 (4) 3 of that regulation, that notice must be given within 14 days after the complainant becomes aware of the working condition or term of employment giving rise to the complaint. Failure to provide notice to the Deputy Minister also results in a failure to provide timely notice of proposal to file a complaint to the Deputy Minister.

3The failure to provide notice of proposal to file a complaint to the Deputy Minister is fatal to the complaint. The Board has no jurisdiction to entertain a complaint where the relevant Deputy Minister has not been provided with notice of proposal to file a complaint and the dispute resolution process provided for in section 9 of O. Reg. 378/07 has not thereby run its course. See paragraphs 6-8 of the Board’s decision in Muldoon v. Ontario (Ministry of Community Safety and Correctional Services), 2011 CanLII 83724.

4This complaint is hereby dismissed.