Stricko v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2018 CanLII 77339

PSGB# P-2017-3833

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Stricko

Complainant

• and -

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

Employer

BEFORE

Brendan Morgan

Vice-Chair

FOR THE COMPLAINANT

Daniel Stricko

FOR THE EMPLOYER

Susan Munn / Braden MacLean Treasury Board Secretariat Legal Services Branch Counsel

TELECONFERENCE

July 6, 2018

ADDENDUM TO PRELIMINARY DECISION

A. BACKGROUND

1A teleconference was held with the Complainant, his colleague and Counsel for the Employer on Friday, July 6^th, 2018.

2The purpose of the teleconference was to address the issue of venue for the July 18^th, 2018, hearing and how to proceed with the Employer’s preliminary objections should attempts at a mediated settlement prove unsuccessful

3After hearing the submissions of the Complainant and Counsel for the Employer the Board directs the following:

B. DIRECTION TO THE PARTIES

4The hearing scheduled for the 18^th of July, 2018, will proceed via teleconference call, the details of which will be forwarded by the Board to the parties in the usual practice. The teleconference hearing will commence at 10am.

5The Employer shall participate from their offices while the Complainant shall participate from his home.

6The parties shall ensure that all documents that they intend to rely upon at the July 18^th teleconference hearing shall be provided to the Board and the other party by no later than Friday, July 13^th, 2018.

6The initial stage of the teleconference shall involve the mediation of the issues complained of by the Complainant.

7Should the attempts at mediation prove unsuccessful the Employer and Complainant shall then address the preliminary objection to this complaint raised in the Employer’s Form 2. The preliminary objection involving the issue of the timelines of the complaint is found at Appendix ‘A’ of the Employer’s Form 2.

8The Board further reiterates its direction to the Employer found at paragraph 19 of the June 25^th preliminary award with respect to the provision of all authorities and Ontario Regulation 378/07 to the Complainant by no later Friday, July 13^th, 2018.

9The Board will deal with any and all issues that might arise prior to and during the course of the teleconference.