24 total
Employer's preliminary objection on timeliness dismissed; grievance allowed to proceed based on delayed awareness.
The employer raised a preliminary objection to the arbitrability of the grievor's claim for travel time and expenses from 2001 to 2004, arguing the grievance filed in June 2005 was untimely.
The grievor argued she filed within 14 days of becoming aware of the terms and conditions of employment on which she based her claim, as required by s. 34(1) of Regulation 977.
The Board accepted the grievor's uncontradicted evidence that she only became aware of the employer's policy and practice regarding travel expenses shortly before filing.
The Board dismissed the employer's preliminary objection, finding the grievance was timely based on the subjective awareness test, and directed the matter to proceed to a hearing on the merits.
Grievance for travel expenses dismissed as the temporary assignment did not change the grievor's normal work location.
The grievor, an Operational Manager, claimed mileage expenses for a period during which he was temporarily assigned to the Brockville Jail while awaiting a reporting date to a new facility.
He argued that other managers temporarily assigned to the same jail received travel expenses.
The Public Service Grievance Board dismissed the grievance, finding that the grievor's normal place of work remained the Brockville Jail and he did not experience a change in work location or commute unlike the other managers.
The Board concluded there was no contractual right, policy, or regulation entitling the grievor to the claimed travel expenses.
Grievance dismissed; no prima facie case that employer breached employment terms by returning employee to home position.
The grievor alleged that the employer breached a term or condition of her employment by returning her to her home position from a secondment in August 2004, claiming that a dysfunctional work environment negatively affected her health.
At the hearing, the employer brought a motion to dismiss the grievance for failing to establish a prima facie case.
The Public Service Grievance Board granted the motion and dismissed the grievance, finding no medical evidence that the grievor had a health problem preventing her return in the summer of 2004, nor any evidence that the employer breached a term or condition of employment.
Motion to consolidate four grievances granted; suspension grievance ordered to precede dismissal grievance.
The union requested to consolidate a discharge grievance with an ongoing harassment grievance before the same Vice-Chair.
The employer agreed on the condition that a previous discipline grievance also be consolidated and heard first.
The union objected, arguing that joining the grievances would unduly delay the discharge hearing.
The Grievance Settlement Board ordered that all four grievances be consolidated, finding that the suspension grievance must precede the dismissal grievance to properly determine the state of the grievor's disciplinary record, and adjourned the harassment grievance until the completion of those proceedings.
