The URL can be used to link to this page

Home My WebLink About1991-3055.D'Ambosio.92-12-10 ONTARIO EMPLOYES DE LA COURONNE GROWN EMPLOYEES DE L'ONTARIO GRIEVANCE C,OMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS ~80 OUNOAS STREET WEST. SUITE 2~00, TORONTO. ONTARIO. M5G 1Z8 TELEPHONE/TELEPHONE' ~4 ~5~ 326- ~388 180, RUE E)UNOAS OUEST. BUREAU 2100. TORONTO (ONTARIO), MSG 1Z8 FACSlf.4ILE/T~:L~COPlE ; (~. 76) 326~ 1396 3055/91 IN'THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE ,GRIEVANCE'SETTLEHENT BOARD BETWEEN OPSEU (D'Ambrosio) Grievor - and'- The Crown in Right of Ontario (Ministry of Labour) Employer BEFORE: N. Dissanayake vice-chairperson .P. Klym Member D. Montrose Member FOR THE K. Park GRIEVOR Grievance Co-ordinator '-',. Ontario Public Service Employees Union FOR THE J. LeNoury EMPLOYER Counsel Hicks, Morley, Hamilton, Stewart & Storie Barristers & Solicitor~ ~ 3osS/91 I ORDER Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board. DATED at Toronto, this 10th day of December, 1992. N. Dissanay~, Vice-Chairperson P. Klym, Member D. Montrose, ~ember HEHORANDUM OF 8ETTLEHENT OROWN £MPL©Y£E,9 ~etween; GRIEVANCE S~TTL~M~NT BOARD The C=ow~ i~ t~e ~ht of O.t~=~o= The (The ~mployer) The o~ta;~o ~lic semite ~91oyees union (Th~ Union) (~e Gr~evor) Zn ~e matter o~ ~he unjvs~ discipline ~r~evance lodged by Gr~evor ~nd the Union on ~anua~ 6, 1992, ~e affor~en~oned pa~es a~ree ~o the ~o~lo~n~ 2e~ as fu~l 'and ~out prejudice or precedent: .............. The Gr~evor .ac~o~led~e~ ~a2 h~s conduc2 In relation ~nc~den~s complained about ~as ~nappropr~a~e Co an offflce env~ro~ent and hav~nq regard ko the ~in~s~'s definition se~al harassment. 2. The Grtevor agrees to pa~tcipate in any educational progr~ developed bY. or for the ~ployer in regard to ~tters of sepal harassment issues in the workplace. 3. The ~ployer agrees to ~end ~e letter of disctpli~e, dated Nove~er 25, 1991 as per ~e attached docent. 4. The ~ployer agrees to clear ~e Grievor's ~plo~ent record on July 1, 1993 of any reference to ~ese' matters, provided there has been no further incident of a similar nature. 5. The ~ployer agrees to reduce ~e penalty imposed on the Grievor to an eight day suspension and to rei~rse the Grievor accordingly. 6. To withdraw the. aforementioned grievance. 7. Se~ent made order of Board. F ~or tho Branch / For the Union For th~Employer Dated at Toronto , 1992 Proposed amendments to Mr. Thomson's November 25, 1991 letter: PARAGRAPH 2: That investigation ... I find that separate incidents occurred involving two female coworkers. One incident occurred on September 25, 1991 after hours when you and your female colleague were alone in the office. The other incident occurred during normal business hours. Your conduct was unwelcome and inappropriate. This behaviour, in my view, constitutes sexual harassment falling clearly within the definition found in Ministry Policy and the Human Rights Code. Delete: "In one incident .... - all of this to be deleted "In the other ....... - ali of this to be deleted PARAGRAPH 4: - amend to delete the phrase - "... which are very serious misconduct ... provisions on sexual harassment" - sentence should read - .yOur actions are even more serious · ..... objectionable.