Bartlett v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2022 CanLII 91066

PSGB# P-2022-3299

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Bartlett

Complainant

• and -

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

Employer

BEFORE

Marilyn A. Nairn

Vice Chair

FOR THE COMPLAINANT

Diane Bartlett

FOR THE EMPLOYER

Jordanna Lewis Treasury Board Secretariat Labour Practice Group Counsel

Decision

1The hearing of this complaint is scheduled for Monday September 26, 2022. On September 20, 2022, Employer council contacted the Board requesting an adjournment, on the basis that the Employer was not available that day. The Employer did not first seek the consent of the Complainant and the Complainant opposes the adjournment request.

2The scheduled date for the hearing of this complaint had been agreed to by the parties at a case conference on June 30, 2022. The Employer asserts that after being advised of the scheduled date, “as soon as feasibly possible” the institution advised that “things had changed and they were not available”. No explanation as to what had changed or why the Employer was no longer available has been provided.

3Such response is entirely unsatisfactory. The Board now regularly convenes case conferences for the purpose of managing the issues that will arise in the proceeding, not the least of which is scheduling a hearing date. It is expected and understood that an agreement to a date at a case conference is confirmation that the parties are and will remain available for that date subject to exceptional circumstances. Both the Board and the parties commit time and resources to attending the case conference and to scheduling hearing dates. This request comes only shortly before the scheduled date. Again, no explanation was provided for the late request.

4Having regard to the earlier agreement of the parties and to the lack of any explanation regarding the Employer’s request to adjourn the hearing date, the request to adjourn the hearing is denied. This matter will proceed on September 26, 2022.