HomeMy WebLinkAbout2002-0576.Aarnamo.02-12-11 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
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Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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GSB# 0576/02
UNION# 02C704
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Aarnamo) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of CorrectIOnal ServIces) Employer
BEFORE Gerry Lee Vice-Chair
FOR THE UNION Jim Paul
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Andrea KupreJanov
Staff RelatIOns Officer
Mimstry of PublIc Safety and Secunty
HEARING October 15 2002
2
DECISION
The PartIes referred thIS matter to medIatIOn/arbItratIOn In accordance wIth ArtIcle 22 16 of the
CollectIve Agreement. At the outset of the heanng, the PartIes agreed that I had JunsdIctIOn to deal
wIth thIS matter and they consented to me ISSUIng a decISIOn wIth no reasons
The gnevor In thIS matter claims that she was subJected to sexual harassment In the workplace by a
supervIsor at the Kenora JaIl In contraventIOn of artIcle 22 10 1 of the collectIve agreement.
The Mimstry's Internal InvestIgatIOn Umt (IIU) conducted an InVestIgatIOn WIth respect to thIS matter
and a report was Issued In August 2001 The PartIes and the gnevor agreed that the findIngs outlIned
In the report were accurate
Dunng the course of the heanng, the employer confirmed that upon receIpt of the IIU report, the
supervIsor In questIOn
. has been dIscIplIned regardIng thIS matter and that such dIscIplIne would remaIn on hIS personnel
file for a penod of three years
. has been assIgned alternate dutIes at the JaIl and wIll remaIn there for the penod that the dIscIplIne
remaInS on hIS file Dunng thIS penod the contact between the supervIsor and the gnevor shall be
lImIted to the extent that operatIOnal reqUIrements are met; and
. has completed the Mimstry's Workplace DISCnmInatIOn and Harassment PolIcy (WDHP) traInIng
for managers
After carefully reVIeWIng the eVIdence and the submIssIOns of the partIes, I find that wIth respect to
the remaInIng outstandIng Issues between the partIes, the gnevance succeeds AccordIngly I hereby
order as follows
1 The gnevor's nghts under artIcle 22 10 1 of the collectIve agreement (sexual harassment) were
breached,
2 The gnevor shall be paid $2,000 (net) as monetary compensatIOn for mental angUIsh pursuant to
SectIOn 41 (1) of the Ontario Human Rights Code
3 I am confirmIng the partIes agreement that there shall be no retalIatIOn agaInst the gnevor for
eXerCISIng her nghts under the collectIve agreement;
4 Future concerns raised by the gnevor shall be addressed appropnately In accordance wIth the
Mimstry's WDHP polIcy and zero tolerance pnncIples and
5 ThIS award hereby resolves all outstandIng Issues that the gnevor may have wIth respect to the
CIrcumstances gIVIng nse to the above-captIOned gnevance
3
I remam seized with respect to the implementatiOn of this award.
Dated at Toronto this 11th day of December 2002