OPSGB 2017

The complainant, a Sergeant at the Ottawa Carlton Detention Centre, filed a complaint seeking standby and on-call pay for the period of January 1, 2015, to January 21, 2016.

The Public Service Grievance Board found that the complainant failed to provide a Notice of proposal to file a complaint within the mandatory 14-day time limit set out in O. Reg. 378/07.

As the time limit is mandatory and the Board has no discretion to relieve against it, the Board concluded it lacked jurisdiction and dismissed the application without a hearing.

The complainant, a Sergeant at the Ottawa Carlton Detention Centre, filed a complaint alleging the employer failed to properly compensate him for standby and on-call pay.

The Public Service Grievance Board dismissed the complaint without a hearing, finding that the complainant failed to give notice of his proposal to file a complaint within the mandatory 14-day time limit prescribed by O. Reg. 378/07 under the Public Service of Ontario Act, 2006.

As the time limit is mandatory and the Board has no discretion to relieve against it, the Board lacked jurisdiction to entertain the application.

The complainant, a Sergeant at the Ottawa Carlton Detention Centre, filed a complaint regarding unpaid standby and on-call compensation for the period of January 1, 2015, to January 21, 2016.

The Public Service Grievance Board reviewed the application and found that the complainant failed to provide the required notice of proposal to file a complaint within the mandatory 14-day time limit set out in Ontario Regulation 378/07.

The Board determined it had no jurisdiction to relieve against the strict time limit and dismissed the application without a hearing.

The complainants, employed as Sergeants at the Ottawa Carlton Detention Centre, filed applications seeking standby and on-call pay for the period of January 2015 to January 2016.

The employer raised a preliminary objection that the applications were untimely under Ontario Regulation 378/07.

The Public Service Grievance Board found that the complainants failed to give notice of their proposal to file a complaint to the Deputy Minister within the mandatory 14-day time limit after becoming aware of the circumstances giving rise to the complaint.

As the time limits are mandatory and the Board has no discretion to extend them, the applications were dismissed for lack of jurisdiction.

The complainant, a retired manager rehired as a fixed term part-time management employee, filed a complaint claiming entitlement to 14% in lieu of benefits rather than the 8% he was receiving.

The employer brought a preliminary motion to dismiss for lack of jurisdiction.

The Public Service Grievance Board granted the motion, finding that under section 5(2)(5) of Regulation 378/07, an employee employed for a fixed term on an irregular or on-call basis is not eligible to file a complaint.

The Board also noted that the complainant had not identified a term or condition of employment entitling him to the claimed amount.

The complainant sought a remedy for unpaid on-call pay during vacation periods, regularly scheduled days off (RDOs), and statutory holidays in 2015.

The employer argued the Board lacked jurisdiction to award a remedy for periods more than 14 days prior to the notice of proposal to file a complaint, and that RDOs and statutory holidays were not 'vacation periods'.

The Board held that its remedial jurisdiction was strictly limited to the 14 days prior to the notice.

However, the Board found that RDOs and statutory holidays abutting vacation days should be treated as part of the vacation period for the purpose of on-call pay.

The employer was ordered to pay $324.00 for 324 hours of on-call time.

The complainants, a group of Operational Managers, filed a grievance claiming pay and damages for a period of standby that was cancelled by the employer.

The employer raised a preliminary objection regarding the timeliness of the complaint.

The Public Service Grievance Board found that the notice of proposal to file the complaint and the complaint itself were filed outside the mandatory 14-day time limits set out in sections 8 and 10 of Ontario Regulation 378/07.

As the Board has no discretion to relieve against these mandatory time limits, the complaint was dismissed for lack of jurisdiction.

The complainant filed a complaint claiming payment for a missed overtime opportunity.

The employer raised a preliminary objection to the Board's jurisdiction because the complainant failed to provide notice of a proposal to file a complaint to the Deputy Minister within 14 days, as required by Ontario Regulation 378/07.

The Board held that the failure to provide this notice is fatal to the complaint, as the Board has no jurisdiction where the dispute resolution process has not run its course.

The complaint was dismissed.