Loading...
HomeMy WebLinkAboutP-2004-1727.Paul Simon et al.05-12-20 Decision Public Service Commission des Nj Grievance Board griefs de la fonction publique Bureau 600 ~ Suite 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 P-2004-1727 P-2004-1728 IN THE MATTER OF AN ARBITRATION Under THE PUBLIC SERVICE ACT Before THE PUBLIC SERVICE GRIEVANCE BOARD BETWEEN Paul SImon et al Grievor - and - The Crown In RIght of Ontano (Mimstry of Labour) Employer BEFORE Deborah J D LeIgnton Vice-Chair FOR THE GRIEVOR Winston G MattIs Winston G MattIs Barnsters and SOlICItorS FOR THE EMPLOYER Len HatzIs Counsel Mimstry of Government ServIces HEARING December 12, 2005 2 DeCISIon The gnevors are currently Labour RelatIOns Officers for the Mimstry of Labour They allege that they were wrongly demed promotIOns after a competItIOn for multIple posItIOns of Labour RelatIOns SpecIalIst (LRS) advertIsed on January 24 2004 and completed on Apnl 28 2004 The gnevors competed for the LRS posItIOns, but were not successful The gnevors allege, inter alia, the folloWIng the competItIOn and the manner In whIch It was conducted was unfair racIally bIased, and contravened the government's Equal Employment Opportumty polIcy practIces, and dIrectIOns The gnevors also allege that they have suffered from systemIc dISCnmInatIOn SystemIc dISCnmInatIOn IS so entrenched at the Board that the Board IS prepared to bypass ItS own long standIng practIce of promotIng Internal clIents so as to ensure that racIal mInOntIes are not promoted to levels of responsIbIlIty In accordance wIth theIr representatIOn In the labour pool and the general populatIOn. The gnevors have also filed complaInts wIth the Ontano Human Rights CommIssIOn and a "Charter Challenge" In the courts At the outset of the heanng Into thIS matter the employer took the posItIOn that the PublIc ServIce Gnevance Board (PSGB) has the JunsdIctIOn to hear and decIde a gnevance that alleges systematIc dISCnmInatIOn. The employer also agreed that after a heanng Into the ments of the case, should the PSGB find that systemIc dISCnmInatIOn has occurred, the Board has the remedIal powers to redress the gnevors' losses, and more specIfically to consIder the remedIes sought by the gnevors Counsel for the gnevors agreed wIth the employer's posItIOn. The partIes asked for the PSGB to consIder the above and make an order for the record. HavIng carefully consIdered the above, and the Junsprudence of the PSGB to hear and decIde gnevances pursuant to the Public Service Act and RegulatIOns thereto that also Include a Human Rights complaInt, I hereby declare that the PSGB does have the JunsdIctIOn to hear the gnevors' complaInts, IncludIng the alleged systemIc dISCnmInatIOn, and as appropnate, to make remedial orders 3 The partIes also asked for orders regardIng dIsclosure of documents 1 The employer IS hereby ordered to produce the competItIOn file for the LRS competItIOn, whIch was completed In Apnl 2004 wIthIn seven workIng days of thIS order 2 Both partIes are hereby ordered to produce all the documents that they Intend to rely on at the heanng wIthIn SIxty (60) calendar days of thIS order Dated at Toronto thIS 20th day of December 2005