HomeMy WebLinkAbout2018-1697.Bungay.19-05-01 Decision
Crown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2018-1697
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
The Association of Management, Administrative and Professional
Crown Employees of Ontario
(Bungay)
Association
- and –
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Brian McLean Arbitrator
FOR THE
ASSOCIATION
Kelly Doctor
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING April 9, 2019
- 2 -
Decision
[1] On May 4, 2018, AMAPCEO filed a dispute in respect of the Complainant’s salary
during his temporary assignments with the Ministry, and alleging a breach of the
Respectful Workplace Policy, Article 2 (No Workplace Discrimination and
Harassment), Article 19 (Pay Administration), among other things.
[2] On April 9, 2019, the parties attended at the Grievance Settlement Board to arbitrate
the dispute. Having heard the submissions of the parties, and based on the unique
circumstances of this case, I hereby order the following:
(a) In respect of the Complainant’s allegations relating to Article 2 (No Workplace
Discrimination and Harassment) and the Respectful Workplace Policy, the
Employer shall pay to the Employee a lump sum of $6,500 as general
damages without deductions within 60 days.
(b) The Complainant will repay to the Crown the disputed salary amount received
during his temporary assignment as a Business Analyst with the Ministry’s
Fiscal Planning Unit from May 30, 2016 to January 2, 2017. Based on the
representations of the parties, the disputed gross salary amount is
approximately $5,400 to $5,500. The Employer is hereby directed to confirm
with the Complainant and AMAPCEO as to the exact amount to be repaid.
Payment by the Complainant shall be made within 90 days of receiving the
exact calculations from the Employer.
(c) The Employer is not entitled to a repayment for any amounts paid to the
Complainant between January 3, 2017 and April 9, 2018.
(d) I remain seized in the event of any dispute relating to the implementation of
this order.
Dated at Toronto, Ontario this 1st day of May, 2019.
“Brian McLean”
Brian McLean, Arbitrator