PSGB# P-2017-3347

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Wilson

Complainant

• and -

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

Employer

BEFORE

Brendan Morgan Vice-Chair

FOR THE COMPLAINANT

Lisa-Marie Wilson

FOR THE EMPLOYER

Shiran Brener Treasury Board Secretariat Legal Services Branch Counsel

HEARING

June 11, 2018

DECISION

A. BACKGROUND

1A mediation session was conducted with the Complainant and the Employer at the Board’s offices on June 11, 2018.

2During the course of the mediation Counsel for the Employer advised that there was no likelihood of the matter being resolved.

3In the absence of a mediated resolution the Employer requested that the Board turn its attention to the preliminary issue with respect to the timeliness of the complaint that the Employer described in its ‘Form 2 – Response’.

4The Employer’s preliminary objection to the Complaint is described in ‘Section B’ of the Form 2 submissions. In summary the Employer submits that the Complainant’s ‘Form 1 – Application’ should be dismissed on the basis the Complainant did not give notice of her complaint within the required notice period set out in Ontario Regulation 378/07.

5Although the Complainant had received the Employer’s Form 2 response including the written submissions describing the ‘Timeliness Objection’ prior to the hearing it was acknowledged that the Complainant required additional time to adequately address this issue.

6The Complainant was provided with a copy of the Employer’s “Book of Documents” that contained the authorities that the Employer intended to rely upon in support of its timeliness objection.

7It was acknowledged by Counsel for the Employer that the written submissions described in ‘Section B’ of its Form 2 Response and the accompanying authorities provided at the mediation session were to be relied upon by the Board in the event that the timeliness objection needed to be addressed.

B. DIRECTION TO THE PARTIES

8The Board shall schedule a teleconference hearing with the parties to accept oral submissions solely with respect to the Employer’s preliminary objection as to the timeliness of the Complainant’s complaint as set out in ‘Section B’ of the Employer’s Form 2 Response.

9Subject to any further submissions from Counsel for the Employer, the Complainant is to rely upon the written submissions set out in Section B of the Employer’s Form 2 Response and the accompanying authorities provided to the Complainant at the mediation session.

10Should the Complainant wish to rely upon any alternative authorities the Complainant shall advise the Board and Employer as to the identity of these authorities five days before the teleconference hearing.

11The Board shall propose dates for the Conference call through the Registrar’s Office in the near future.