PSGB# 2020-0045

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Jones-Charles

Complainant

• and –

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Marilyn A. Nairn

Vice Chair

FOR THE COMPLAINANT

No one appearing for the Complainant

FOR THE EMPLOYER

Thomas Ayers Treasury Board Secretariat Legal Services Branch Counsel

HEARING

July 5, 2021

Decision

1This complaint was scheduled for mediation by videoconference on July 5, 2021 commencing at 10:00am. In its Form 2, the Employer responded on the merits of the complaint, but also raised an objection to the Board’s jurisdiction to consider the complaint and sought to have that matter dealt with on July 5, 2021. On June 9, 2021 the Board advised the Complainant to be prepared to deal with the Employer’s preliminary issue on July 5, 2021.

2On July 5, 2021 the matter convened. The Complainant was not in attendance. Employer counsel advised that he had received an email from the Complainant on Friday, July 2, 2021 indicating that she would not be attending. However, no notice was provided to the Board. On July 5, 2021, the Complainant had not arrived by 10:30am at which time the hearing was adjourned.

3Having regard to the Complainant’s non-attendance with no notice to the Board, I hereby direct as follows:

The Complainant is to contact the Board forthwith to provide her reason(s) for not attending on July 5, 2021 and for not providing notice of her non-attendance to the Board. That explanation is to be provided to the Board by no later than Friday, July 23, 2021. If the Complainant was unable to attend the hearing, any relevant supporting documentation is to be included.

Should the Complainant not respond as directed above, within the time allowed, her complaint will be dismissed.

Should the Complainant provide an explanation for her absence on July 5, 2021, the Employer will have until Friday, August 6, 2021 to advise the Board as to whether it accepts the Complainant’s explanation and agrees to re-schedule the hearing of the complaint. Should the Employer take the position that the Complainant’s explanation is insufficient and ask that the complaint be dismissed without a hearing, a case conference will be held to determine next steps.