HomeMy WebLinkAbout2015-1734.Pouli.16-01-20 Decision
Crown 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# 2015-1734
UNION# 2015-5112-0158
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pouli) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Tanja Wacyk Vice-Chair
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Jonathan Rabinovitch
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL January 20, 2015
- 2 -
DECISION
[1] Union counsel requested an order for the production of the report and findings from
the investigation of the grievor’s sexual harassment complaint. The investigation was
conducted pursuant to the employer’s Workplace Discrimination and Harassment
Prevention Policy (WDHP).
[2] Employer counsel did not dispute the report and findings were arguably relevant to
the grievances scheduled to be heard on February 10, 2016.
[3] However, employer counsel pointed out the grievor remained off work as a result of
the issues dealt with in the report, and the WDHP provides findings are not to be
disclosed to grievors until they return to work, on the basis doing so earlier may
exacerbate their illness. Accordingly, the employer resisted the union’s request on the
basis production of the report and findings at this time may exacerbate the grievor’s
illness.
[4] The union pointed out the grievor, pursuant to the employer’s request, had provided
medical documentation indicating she was medically capable to participate in the
investigation process.
Disposition:
[5] Having regard to the submissions of the parties, I hereby direct the employer to
provide to the union, a copy of the report and findings of the investigation conducted
into the grievor’s complaint. The employer is directed to do so by no later than the
close of business on January 27, 2016.
Dated at Toronto this 20th day of January 2016.
“Tanja Wacyk”
Tanja Wacyk, Vice-Chair