PSGB# P-2023-01398

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Norton

Complainant

• and -

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

Employer

BEFORE

Thomas Kuttner, KC

Vice Chair

FOR THE COMPLAINANT

Mark Norton

FOR THE EMPLOYER

Andrew Lynes Treasury Board Secretariat Legal Services Branch Counsel

HEARING

February 1, 2024

Decision

1This is a complaint filed on August 18, 2023 pursuant to subsection 4(1) O.Reg. 378/07 ("the Regulation") under the Public Service of Ontario Act, 2006 S.O. 2006 c. 35, Sch A ("the Act"). In it the Complainant alleges that the Employer disciplined him without just cause by suspending him for a three (3) day period for abuse of sick leave. By way of relief, the Complainant seeks full redress including twelve (12) hours of sick time, cancellation of his three (3) day suspension and removal of the disciplinary action from his personnel file.

2A hearing of this matter, by way of mediation/arbitration, was scheduled for February 1, 2024, commencing at 10:00 a.m., notice of same having been sent by the Board to the parties on November 7, 2023. The Board waited 30 minutes for the Complainant to appear, but he failed to do so, without having given notice to the Board that he would not appear. After hearing submissions from the Employer as to how to proceed, the Board adjourned the proceedings shortly after 10:30 a.m.

3As was the case in Jones-Charles v Ontario (Solicitor General), 2021 CanLII 71619 (PSGB), the Board will give to the Complainant an opportunity to explain his failure to appear for the hearing on February 1, 2024.

4The Complainant is directed to contact the Board in writing, on or before Friday, February 16, 2024, to provide his reason(s) for not appearing at the hearing on February 1, 2024, and also for not providing notice to the Board that he would not appear. If the Complainant was unable to appear at the hearing, he is to include any relevant supporting documentation.

5Should the Complainant not respond as directed, the Board will dismiss his complaint.

6Should the Complainant provide an explanation for his failure to appear on February 1, 2024, the Employer will have until Friday March 1, 2024 to advise the Board as to whether it accepts the Complainant's explanation and agrees to re-schedule the hearing of the Complaint.

7Should the Employer take the position, supported by reasons, that the Complainant's explanation is insufficient and request that the Complaint be dismissed, the Board will make a determination as to whether to dismiss the complaint based on the written submissions.