OPSGB 2024

The complainant requested that the Public Service Grievance Board reconsider its decision dismissing his complaint regarding a disciplinary suspension.

The original complaint was dismissed because the complainant failed to file his notice of proposal within the mandatory 14-day time limit under Regulation 378/07 of the Public Service of Ontario Act.

The Board declined to reconsider the decision, finding that the complainant's submissions regarding the merits of the discipline did not address the jurisdictional issue of untimeliness, and the Board lacks discretion to extend the mandatory time limits.

The complainant filed a grievance alleging the employer unfairly declared her position abandoned under section 42 of the Public Service of Ontario Act, 2006.

The employer raised a preliminary objection that the complainant failed to file her Notice of Proposal within the mandatory 14-day time limit under O Reg 378/07.

The complainant argued the employer waived this objection by participating in mediation.

The Board held that the statutory time limits are substantive and cannot be waived.

Because the notice was filed 15 days after the complainant became aware of the decision, the Board lacked jurisdiction to hear the complaint on its merits.

The complaint was dismissed.

The complainant filed a grievance alleging he was disciplined without just cause when suspended for three days for abuse of sick leave.

A mediation/arbitration hearing was scheduled, but the complainant failed to appear without notice.

The Public Service Grievance Board adjourned the proceedings and directed the complainant to provide a written explanation for his failure to appear, failing which the complaint would be dismissed.

The complainant filed a grievance alleging he was suspended for three days without just cause for abuse of sick leave.

A hearing on the merits was scheduled, but the complainant failed to attend.

When directed to provide reasons, the complainant explained he had forgotten about the hearing and accepted an overtime shift.

The Employer sought dismissal of the complaint.

The Public Service Grievance Board dismissed the complaint, finding that the complainant's failure to attend because he simply forgot and took a shift indicated a lack of interest in having the complaint adjudicated and a lack of respect for the Board's processes.

The complainant received a disciplinary suspension and filed a complaint with the Public Service Grievance Board.

The employer raised a preliminary objection that the complainant failed to file a notice of proposal with the deputy minister within the mandatory 14-day period under O. Reg. 378/07.

The Board upheld the objection, finding that the 14-day time limit is jurisdictional and the Board has no discretion to extend it.

The complaint was dismissed.

The complainant, a Sergeant at a correctional complex, filed a complaint alleging workplace harassment and unfair denial of overtime by the Superintendent.

The employer raised a preliminary objection that the complaint was not filed in accordance with the mandatory timelines and procedures under O Reg 378/07.

The Board found that the complainant failed to send his Notice of Proposal to File a Complaint to the correct Deputy Minister and failed to do so within the required 14-day period.

Consequently, the Board held it lacked jurisdiction to entertain the complaint and dismissed it.