HomeMy WebLinkAbout2012-3989.Cross.13-07-30 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2012-3989
UNION#2012-0290-0041
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cross) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Janice Johnston Vice-Chair
FOR THE UNION Laura Josephson
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Kevin Dorgan
Ministry of Government Services
Legal Services Branch
Counsel
HEARING July 11, 2013
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Decision
[1] This matter came on for arbitration before me on July 11, 2013. The union filed a
grievance on behalf of Mr. Gregory Cross alleging that he had been terminated without just
cause and that the Ministry in discharging him had discriminated against him.
[2] Mr. Cross was employed as a social worker at Roy McMurtry Youth Centre, Ministry of
Children and Youth Services. At the time of his discharge he had approximately three years of
service.
[3] Mr. Cross was terminated based on an allegation that he had engaged in the sexual
harassment of a fourth year social work placement student. Prior to his discharge the Ministry
retained a third party investigator to conduct a formal investigation. I was provided with a copy
of the results of this investigation. The parties agreed that I am not in any way bound by the
conclusions reached by the investigator. There is no dispute that I have the jurisdiction to hear
and determine this matter based on the evidence before me.
[4] The parties agreed that this matter would proceed pursuant to Article 22.16 which states in
part:
22.16.2 The mediator/arbitrator shall endeavour to assist the parties to
settle the grievance by mediation. If the parties are unable to settle the
grievance by mediation, the mediator/arbitrator shall determine the
grievance by arbitration. When determining the grievance by arbitration,
the mediator/arbitrator may limit the nature and extent of the evidence and
may impose such conditions as he or she considers appropriate. The
mediator/arbitrator shall give a succinct decision within five (5) days after
completing proceedings, unless the parties agree otherwise.
22.16.7 Decisions reached through the mediation/arbitration process shall
have no precedential value unless the parties agree otherwise.
[5] I have carefully considered the evidence in this case and the submissions of the parties. I
do not accept all of the findings of the investigator. I conclude that the Ministry did not have just
cause to discharge the grievor. While he may have made some poor decisions I am not satisfied
that his conduct amounted to sexual harassment warranting his termination.
[6] However, I am of the view that the employment relationship has been irreparably harmed
and that it is not appropriate to reinstate the grievor. I hereby refer this matter back to the parties
and direct them to craft an appropriate remedy.
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[7] I shall remain seized in the event that the parties have any difficulties reaching agreement
on a remedy or have difficulties with regard to the interpretation or implementation of this
decision.
Dated at Toronto, Ontario this 30th day of July 2013.
Janice Johnston, Vice-Chair