PSGB# P-2019-0020

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Reay

Complainant

• and -

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

Employer

BEFORE

Marilyn A. Nairn

Vice Chair

Decision

1The Complainant, Randy Reay, is employed by the Crown within the Ministry of the Solicitor General (the “Employer” or “SOLGEN”) and works in correctional services. The remaining issue in this complaint is an allegation that the Employer acted in violation of the Ontario Human Rights Code (the “Code”) in the application of its performance pay policy in respect of the Complainant. Broader allegations were dismissed in an earlier decision.

2Following certain production having been provided by the Employer, and by Interim Decision dated October 15, 2021, the Board directed that the Complainant provide particulars regarding the specific allegation that the Employer discriminated against him in violation of the Code. Those particulars were to be provided in writing to the Board with a copy to Employer counsel by no later than Friday, October 29, 2021.

3No further particulars were received. The matter was thereafter referred to the Registrar to schedule the complaint for hearing, including the hearing of any preliminary objections raised by the Employer. On February 17, 2022 the Registrar offered dates to the parties by email, with a direction that a response regarding availability be provided by no later than February 25, 2022. No response was received from the Complainant. By further email dated March 8, 2022, the Registrar again offered dates and asked that the Complainant respond with his availability by no later than March 18, 2022. No response has been received from the Complainant.

4Therefore, the Complainant is hereby directed to advise the Board whether he intends to pursue his complaint and, if so, to provide his availability to attend a hearing on any/all of the following dates: April 22, May 20, October 4, and October 14, 2022. The Complainant is to respond by no later than Monday, April 4, 2022.

5Should the Complainant fail to fully respond within the time allowed, the Board will consider the complaint to have been abandoned and the complaint will be dismissed.