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HomeMy WebLinkAbout2015-1510.Ramsarran.16-04-18 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#2015-1510 UNION#2015-0551-0025 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Ramsarran) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Loretta Mikus Vice-Chair FOR THE UNION Indika Chandrasekara Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Ann Fowler Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING March 10, 2016 - 2 - Decision [1] This mediation/arbitration process was conducted in accordance with Article 22.16 of the Collective Agreement. [2] The grievor, Tanya Ramsarran, has been employed as a Receptionist in the Danforth Probation and Parole office for the last four years. She has filed a grievance alleging that she has been harassed and discriminated against by her Area Manager, Ms. Rosita Meikle. Her claim is based on the fact she has been spoken to about her dress choices, such as an off the shoulder blouse and a skirt that Ms. Meikle thought was too short. Ms. Meikle advised her that these choices were inappropriate. The grievor maintains that other employees in the office have dressed in a similar fashion and have not been criticized. She was also spoken to about eating an avocado with a knife at her desk. Finally, she stated that Ms. Meikle’s refusal to grant her request to be transferred to another supervisor because of the conflict and tension between them was another example of harassment and discrimination. Ms. Ramsarran claimed that other employees have been transferred at their request. [3] I have considered the submissions of the parties and have reviewed the Ontario Correctional Services Code of Conduct and Professionalism, as well as the minutes of staff meetings in which the appropriate dress attire was discussed on more than one occasion. It is my view that Ms. Miekle’s directions to Ms. Ramsarran are in accordance with those standards. I can find no violation of the Collective Agreement and have concluded that the grievance must be dismissed. Dated at Toronto, Ontario this 18th day of April 2016. Loretta Mikus, Vice Chair