FPSLREB Decisions
Decision Information
Termination (non-disciplinary) - Abandonment of position - Grievance procedure - Abandonment of grievance - the grievor grieved the termination of her employment for reason of abandonment of position - the Board wrote to the grievor on two occasions, at her address on record, to inform her of the hearing scheduled in this case - these letters were returned to the Board with the notation "Unclaimed" - the Board then sent the grievor a third letter, at the address the employer had used to respond to her grievance - the grievor then contacted the Board to request a postponement of the hearing on the ground that she had not received sufficient notice for her to arrange legal representation - at that time, the grievor confirmed that her address on the record was still current - the employer did not object to the request for postponement and the Board granted it - the Board then wrote to the grievor on two occasions, informing her of the new dates for the hearing scheduled in this case and asking her to confirm her availability - the grievor never responded to these letters - the Board sent a last letter to the grievor, informing her that failure to respond could result in the termination of the proceedings and the closing of the file - the grievor never responded to this last letter. Grievance denied.
Decision Content
File: 166-2-28574 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN Patricia Delia Cannon Grievor and Treasury Board (Human Resources Development Canada)
Employer
Before: Yvon Tarte, Chairperson
Decided without an oral hearing.
Decision DE CISION Page 1 The grievor, Ms. Patricia Delia Cannon, submitted her reference to adjudication to the Board on June 18, 1998 grieving management's decision to terminate her employment for reasons of abandonment of position. As corrective action, Ms. Cannon requested re-instatement of full status with pay.
The Board wrote to Ms. Cannon on October 21, 1998 advising her that the hearing of her case was scheduled for November 30 th to December 1 st , 1998 in Hamilton. An official Notice of Hearing was also issued by the Board to Ms. Cannon and the employer on October 23, 1998 specifying the time, location and date of the hearing. The Notice of Hearing also contained a paragraph consisting of the following: AND FURTHER TAKE NOTICE that if you fail to attend the hearing or any continuation thereof, the presiding member of the Board may dispose of the matter on the evidence and representations placed at the hearing without further notice to you.
Both the letter of October 21 st and the Notice of Hearing dated October 23 rd , 1998 were sent by Registered Mail to Ms. Cannon at the address specified by the grievor on her reference to adjudication which was: 166 Parkview Drive Ancaster, Ontario L9G 1Z5
On November 18, 1998, both letters were returned by Canada Post to the Board marked "UNCLAIMED". In an attempt to reach the grievor, the Board forwarded another letter dated November 18, 1998 to Ms. Cannon by Priority Post at the address indicated on the reply of the employer at all applicable levels of the grievance process which was: 13 - 105 Wilson Street West Ancaster, Ontario L8N 2A2
On November 24, 1998, Ms. Cannon called the Board requesting a postponement of the hearing of her case on the ground that she did not receive sufficient notice to obtain legal counsel. When questioned about her address, Ms. Cannon indicated that her address was indeed the address previously used by the Board which was:
Public Service Staff Relations Board
Decision Page 2 166 Parkview Drive Ancaster, Ontario L9G 1Z5
The grievor also pointed out that she did not bother to pick-up her correspondence at the post office and therefore was not aware of the hearing. This was followed by a fax dated November 24 th from Ms. Cannon officially requesting a postponement.
The Board after having consulted with counsel for the employer granted the request for a postponement and advised Ms. Cannon and the employer to that effect by letter dated November 26, 1998. In that same letter, the parties were informed that the matter was re-scheduled for May 26 to 28, 1999 in Hamilton. The parties were asked to advise the Board by no later than December 16, 1998 of their availability on the proposed hearing dates. The employer responded on December 11, 1998 indicating their availability for May 26 to 28, 1999.
Ms. Cannon, however, did not respond by the December 16 th deadline and the Board transmitted another letter by priority post dated December 23, 1998 advising the grievor that failure to inform the Board of her availability by January 15, 1999 could result in the removal of her case from the May 1999 schedule.
Ms. Cannon again did not respond by the January 15 th deadline. The matter was then submitted to the Board who directed the Assistant Secretary to advise the grievor that failure to respond to our letters by February 5, 1999 could possibly result in the termination of the proceedings and the closing of her file.
Public Service Staff Relations Board
Decision Page 3 As of the date of this decision, Ms. Cannon has not communicated with the Board. Consequently, I hereby direct that the proceedings be terminated and the file closed.
Yvon Tarte, Chairperson
OTTAWA, February 15, 1999.
Public Service Staff Relations Board