HomeMy WebLinkAbout1992-2397.Manning.93-10-05
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ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
1111 GRIEVANCE: COMMISSION DE
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. . . SETTLEMENT REGLEMENT
BOARD DES GRIEFS
780 DUNDAS STREET WEST SUITE 2700 TORONTO, ONTARIO. MSG lZ8 TELEPHONEITELEPHONE (416) 326-1388
780 RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) MSG lZ8 FACSIMILE'TEU:COPIE (416) 326- 1396
2397/92
IN THE MATTER OF AN ARBITRATION
Und~r
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Manning)
Grievor
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The Crown in Right of ontario
(Ministry of Community & Social Services)
Employer
BEFORE: B Fisher Vice-Chairperson
p Klym Member
F Collict Member
FOR THE N Coleman
GRIEVOR Counsel
Gowling, strathy & Henderson
.Barristers & Solicitors
FOR THE L Marvy
EMPLOYER Counsel
Legal Services Branch
Ministry of Community & social Services
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2397/92
BOARD ORDER
Attached is the Memorandum of Settlement which the parties
agreed would be made an Order of the Board
DATED at Toronto, this 21st day of October, 1993
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P Klym, mber
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F ", ,Member
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GSB File No.. 2397/92
Grievance Settlement Board
, In the Matter of an Arbitration
BETWEEN
Ontario Public Service Employees Union
(the "Union")
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David Manning
(the "Grievor")
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The Crown in Right of Ontario
(Ministry of Community & Social Services)
(the "Ministrylt)
MINUTES OF SETTLEMENT
THE PARTIES AGREE to the following terms in full and final settlement of
thIS matter on a without precedent, without prejudice basis
1 The Mmistry agrees to rescmd all dIscipline with respect to this matter
2. The Mi!llstry agrees to reimburse the Grievor for 20 days' pay subject to the
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usual deductIOns.
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3 The Ministry agrees to remove all letters of disciplme and suspension from tbe
Grievor's personnel files and to substitute the attached letter of counsel.
4 The Ministry agrees to remove the investigator's report and appendices,
including the complaint, witnesses' statements, and other documents from the Grievor's
i personnel files.
S The Ministry agrees to forward to the Ministry Co-ordinator of the Workplace
Discnmination and Harassment Prevention Policy the following concerns of the Union and
the Grievor
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! (a) grea~er efforts should be made to resolve complaints at the
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information resolution stage;
(b) clarify entitlement of the Grievor to representation at the
informal resolution stage as well as the formal resolution stage,
(c) the management or human resources staff who attempts to
resolve a complaint informally should not provide information
about the complaint or the responses of the respondent otother
witnesses to the formal complaints investigator assigned to
investIgate the complaint to avoid compromising settlement
efforts. or the investIgation process;
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(d) clarify the obligation of an adviser under the policy to advise a
complainant to seek advice from another adviser because of
conflict of interest when the adviser has a personal relatIOnship
with the complainant beyond a simple relationship of co-
workers in the workplace.
6. The Union and the Grievor agree to withc;lraw the grIevance.
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7 The parties agree that this settlement shall be made an order of the GrIevance
Settlement Board.
DATED at Toronto this 5th day of October, 1993
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"Nlck Coleman" "David Manning" \
OPSEU DAVID MANNING
(
"RIck Martm".
MINISTRY OF COMMUNITY & SOCIAL SERVICES
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UTl'EK OF COUNSEL
October S, 1993
) Mr. David Mann;ng
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Dear Mr Manm.,g:
This is to advise you of tbe Ontario Public Service .WorkpIace D:iscrimiDation aDd
Harassment Pnwention. Directives and Guidelines. I have CDclosed a copy of this
policy for your rcMcW.
I wish to draw your attentions:pecifically to page G.7.1.3 where it is statedp in ~
that -harassJneDt- can include such conduct as remarks. jokes aDd innueDdo where
these COJJUDeIlts. arc related to sex.
I will aII'IDge for you to attend the Ministry's mandatory employment equity courses
at the earliest possible time. If you have any ques1ious <m1hese policies, please do
not besi~te to let your supervisor know.
This letter is not intended to be ~ nature, but is iDrended to clarify the
expectations of the Ontario Public Serv1ceorkplace Discrimi.aation and Harassment
Prevention Policy to you. It may DOt be used in any future discipliDary ~T
other than to prove that Jou have been made aware of the Workplace D:isaimiDation
and Harassnaent PrcveDtioa Policy (
Youn truly,
Mary Su~laDd
Director
TbisdetOWD bgional Centre
Encl.