PSGB# P-2017-2377

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Aspiotis

Complainant

• and -

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

Employer

BEFORE

Brendan Morgan

Vice-Chair

FOR THE COMPLAINANT

Jim Aspiotis

FOR THE EMPLOYER

Peter Dailleboust Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

April 26, 2018

PRELIMINARY DECISION

A. BACKGROUND

1The Complainant, Mr. Jim Aspiotis, is employed by the Ministry of Community Safety and Correctional Services (“CSCS” or the “employer”). At all relevant times he alleges that he has been employed within the Correctional Services Oversight and Investigations unit (“CSOI”).

2On or about November 17, 2017, the Complainant filed a complaint contesting the restructuring that took place within the “Correctional Services Oversight and Investigations” unit. The Complainant alleged his position had been made redundant and as a result he had been improperly reassigned to another position. In the alternative, the Complainant alleged that the employer’s actions had lead to his being “constructively dismissed” from his employment notwithstanding his continued employment with the employer.

3The Employer in the course of the filing of their response raised a preliminary objection that the reassignment of the Complainant was not reviewable by the PSGB nor was the evaluation of the Complainant’s work performance.

4The Employer did agree to engage in a mediation session failing which they intended to rely upon their preliminary position that the complaint should be dismissed as being beyond the jurisdiction of the PSGB.

5A mediation session was scheduled for April 26, 2018.

B. MEDIATION AND SUBSEQUENT DIRECTION TO THE PARTIES

6Unfortunately the Parties were unable to resolve the matter at the April 26, 2018, mediation session. The question was left with the Board as to how to address the Employer’s objection with respect to the Board’s lack of jurisdiction in an efficient and thorough manner.

7Having heard the positions of the Complainant and Employer the Board therefore orders as follows:

1. The Respondent Employer shall, by no later than Wednesday, June 6, 2018, file with the Board and Complainant, written submissions as to why this Board lacks the jurisdiction to hear the substantive issues raised by the Complainant in his Form 1 Application. The Employer shall restrict its’ submissions to the issues raised by the Complainant’s Form 1 Application.

2. The Board further directs the Employer to provide copies of all authorities, statutes and regulations that it relies upon in its written submissions.

3. The Complainant shall file a response to the Respondent Employer’s submissions by no later than Friday, June 22, 2018. The Complainant shall restrict his response solely to the issues raised by the Employer in its’ submissions.

4. The Respondent shall file written reply, if it so chooses, to the submissions of the Complainant by no later than June 28, 2018.

5. The Board directs the Complainant and Employer to file these submissions in accordance with the Board’s usual practice.