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Mediation

Grievance Settlement Board Decision: Adjournment of Hearing Date

Strategic Insights

— 1 min read

The Grievance Settlement Board issued a decision on June 20, 2024, regarding a grievance filed by the Ontario Public Service Employees Union (Ranganathan) against the Crown in Right of Ontario (Ministry of the Solicitor General) Employer. The decision pertains to an arbitration under the Crown Employees Collective Bargaining Act, following mediation efforts that proved unsuccessful on June 17, 2024.

Key Takeaways:

  • The grievance challenges the Employer's decision to terminate the Grievor's employment, alleging misconduct in filing benefit claims through Manulife for services not rendered or for amounts greater than charged by service providers.
  • The Employer intends to argue that the Grievor cannot be reinstated to employment but should receive damages in lieu of reinstatement, if a finding of cause but excessive penalty is made.
  • The hearing will proceed to consider evidence on the issue of cause and appropriate penalty, with issues related to mitigation and damages in lieu of reinstatement to be bifurcated and dealt with separately.
  • The Employer's request for production of materials from the Grievor was refused, and a new hearing date of August 7, 2024, was scheduled by videoconference to deal with this issue.
  • The Grievor's request to adjourn the scheduled hearing date of June 21, 2024, was granted due to her new employment and family commitments.

Statistics:

  • The hearing has been rescheduled for August 7, 2024, with three additional dates to be scheduled in the future.
  • The Grievor is a single mother of two school-age children and requires employment to support her family.
  • The Employer has previously agreed to an adjournment of a scheduled date based on medical reasons.
  • The Grievor attended the scheduled dates of May 30, 2024, and June 14, 2024, but not on other scheduled dates due to illness, anxiety, or medical appointments.

Sources:

  • IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT, Grievance Settlement Board, Case No. [not specified].
  • No external references.

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