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HomeMy WebLinkAbout1999-1390.Weekes.02-05-07 Order ~M~ om~o EA1PLOYES DE LA COURONNE _Wi iii~~~i~T DE L 'ONTARIO COMMISSION DE REGLEMENT "IIIl__1I'" BOARD DES GRIEFS Ontario 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB#1390/99, 1022/00, 1298/00 UNION# 99E231, 00E763, 00E931 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees' Union (Weekes) Grievor -and- The Crown In Right of Ontario (Ministry of Correctional Services) Employer BEFORE Loretta Mikus Vice-Chair FOR THE GRIEVOR Arleen Huggins Counsel Koskie & Minsky Barnsters & Solicitors FOR THE EMPLOYER Fateh Salim Counsel Legal Services Branch Management Board Secretariat HEARING March 11, 2002 2 At the medIatIOn of March 11 2002, the partIes resolved all outstandmg Issues m respect of the gnevance ofMr Anthony Weeks They asked that the followmg paragraphs of the Memorandum of Settlement be made an Order of the Board. It IS therefore ordered as follows MEMORANDUM OF SETTLEMENT AND RELEASE In the Matter of a Proceeding Before the Grievance Settlement Board Between The Ontano PublIc ServIce Employees Umon (OPSEU) ("the Umon") and Anthony Weekes ("the Gnevor") and The Crown m RIght of Ontano (Mimstry of CorrectIOnal ServIces) ("the Employer") Whereas the Gnevorfiled the followmg gnevances GSB FIle # 1390/00 (ongmally filed as a group gnevance), 1022/00 and 1298/00 And Whereas the partIes wIsh to fully and finally resolve all matters ansmg out of the gnevances as they relate to the Gnevor and all matters ansmg out of the Gnevor's employment wIth the Employer to date Therefore the partIes agree to a full and final settlement of all outstandmg matters to date, wIthout precedent or prejUdICe and wIthout the admIssIOn ofwrongdomg by any party 4 The Employer agrees that all of the Gnevor's files wIthm the Mimstry of CorrectIOnal ServIces wIll be purged of all medIcal mformatIOn wIthm three busmess days of the executIOn of the Minutes of Settlement and Release Such medIcal mformatIOn IS to be kept separate, to be accessed only for legItImate purposes mcludmg attendance support program and accommodatIOn Issues The mformatIOn m the medIcal file IS to rem am stnctly confidentIal The Employer agrees to provIde the Gnevor wIth a letter confirmmg that hIS medIcal mformatIOn has been separated from hIS 3 personnel files wIthIn three busIness days of the executIOn of thIS agreement. The Gnevor and Counsel for the Umon wIll reVIew the files as purged. 5 The Employer agrees that It wIll reVIew the Gnevor's personnel files to determIne whether there are any references to the travel claim InVestIgatIOn conducted by Ms Rose BuhagIar The Employer further agrees that, If any such InfOrmatIOn IS found wIthIn the Gnevor's personnel files, It wIll be removed wIthIn three busIness days of the executIOn of thIS agreement. The Gnevor and Counsel for the Umon wIll reVIew the files as purged. 6 The Employer agrees that no repnsals wIll be taken agaInst the Gnevor and the IndIVIduals that were named by the Umon as potentIal wItnesses In the above matter 7 The Employer confirms ItS commItment to zero tolerance of Instances of dISCnmInatIOn and/or harassment In the workplace The Employer further confirms ItS commItment to contInue to abIde by ArtIcle 3 of the CollectIve Agreement and vanous human nghts legIslatIOn IncludIng, but not lImIted to the Canadian Charter of Rights and Freedoms and the Ontario Human Rights Code In respect of the Gnevor 8 The Employer agrees to provIde the Gnevor wIth a letter In accordance wIth AppendIx "A" attached hereto thIS agreement. 9 In consIderatIOn for the foregoIng, the Gnevor agrees to wIthdraw the complaInt he filed wIth the Ontano Human RIghts CommIssIOn (OHRC) dated March 27 2000 The Gnevor agrees to advIse the OHRC of hIS wIthdrawal In wntIng wIth the follOWIng language Please be advIsed that I, Anthony Weekes, do not wIsh to proceed any further wIth the complaInt I filed pursuant to the Ontario Human Rights Code on March 27 2000 The facts gIVIng nse to my complaInt have been fully and finally resolved to my satIsfactIOn by means of a Memorandum of Settlement In proceedIngs before the Ontano Crown Employees Gnevance Settlement Board. AccordIngly I would request that the CommIssIOn ImmedIately wIthdraw the complaInt I filed agaInst my Employer the Crown In RIght of Ontano (Mimstry of CorrectIOnal ServIces) ItS representatIves, employees and officIals The Gnevor further agrees to forward thIS letter to the OHRC adVISIng of the wIthdrawal of hIS complaInt, no later that 3 busIness days after the Employer has fulfilled ItS oblIgatIOns as specIfied In paragraphs 1,2,4 5 and 8 above A 4 copy of thIS request wIll be provIded to the Employer at the same tIme that It IS sent to the OHRC 10 The Gnevor and the Umon hereby agree to wIthdraw the gnevances whIch fall under GSB file # 1390/99 1022/00 and any other outstandmg gnevances that the Gnevor has filed pnor to the executIOn of thIS agreement. 11 The partIes agree that thIS agreement be made an Order of the Gnevance Settlement Board. Notwlthstandmg the foregomg, It IS understood that the terms set out m paragraphs 1 2, and 3 of thIS agreement shall rem am confidentIal and shall not be dIsclosed to any thIrd party unless reqUIred by law 12 ThIS agreement constItutes full and final settlement of any and all claims, gnevances, complamts or actIOns whatsoever that the Gnevor has agamst the Employer ItS representatIves, employees and officIals to date, whether under a collectIve agreement, statute (includmg but not lImIted to the Employment Standards Act, the Occupational Health and Safety Act and/or the Human Rights Code) regulatIOn polIcy contract or law as a result of or ansmg out of the facts gIvmg nse to the gnevances (GSB FIle no's 1390/99 1022/00 1298/00) The Gnevor understands that the executIOn of thIS agreement constItute full and final settlement of any and all claims that the Gnevor may have had agamst the Employer on hIS claims of dlscnmmatIOn and harassment that occurred pnor to the date thIS agreement IS sIgned. The Gnevor further understands that hIlS precluded from relymg upon any of the underlymg facts of the gnevance (GSB file no's 1390/99 1022/00 1298/00) to support any claim of dlscnmmatIOn and/or harassment m the future 13 The partIes agree that the GSB and Vice-Chair Loretta Mikus shall rem am seIzed wIth respect to any Issues covered by thIS agreement. 14 The Gnevor acknowledges that he has read thIS agreement and understands ItS contents The Gnevor further acknowledges that he IS sIgmng thIS agreement of hIS own volItIOn and wIthout duress 5 AppendIx "A" referred to m the Minutes of Settlement and Release reads as follows Dear Mr Weekes The Mimstry regrets the CIrcumstances gIvmg nse to these gnevances and the Impact It may have had on you and your famIly Yours tml y lam LeIthead RegIOnal DIrector Adult InstItutIOnal ServIces Dated at Toronto thIS 7th day of May 2002 ~ . . . .. . .. . .. .. :" 1>- . Loretta Mikus, Vice-Chair