HomeMy WebLinkAbout2006-2031.Clements.08-10-14 Decision
Commission de
Crown Employees
Grievance
règlement des
Settlement Board
griefs
des employés de la
Couronne
Suite 600
180 Dundas St. West
Bureau 600
Toronto, Ontario M5G
180, rue Dundas Ouest
1Z8
Toronto (Ontario) M5G
Tel. (416) 326-1388
1Z8
Fax (416) 326-1396
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2006-2031, 2006-2032
Union# G-85-06-BO, G-88-06-BO
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Amalgamated Transit Union - Local 1587
(Clements)
Union
- and -
The Crown in Right of Ontario
(Greater Toronto Transit Authority - GO Transit)
Employer
BEFOREVice-Chair
Ken Petryshen
FOR THE UNION
Simon Blackstone
Green & Chercover
Barristers and Solicitors
FOR THE EMPLOYER
Sven Poysa
Osler, Hoskin & Harcourt LLP
Barristers and Solicitors
HEARING
April 11, October 2, 3, 16,
November 27, 2007; January 14, 2008.
2
DECISION
[1]Ms. Lee-Ann Clements was discharged on October 16, 2006, for breaching a
Conditions of Continued Employment agreement (?the Agreement?). The
Employer took the position that Ms. Clements breached the Agreement when she
made an offensive comment toward passengers on September 29, 2006.
[2]In an earlier decision, I concluded that the Employer had not demonstrated that
it had just cause to terminate the employment of Ms. Clements. I directed Go
Transit to reinstate Ms. Clements forthwith to her former employment as a bus
driver. I remained seized of the matter to determine what penalty, if any, should be
substituted for the discharge. Ms. Clements was reinstated pursuant to my direction.
[3]Having considered the matter further, it is my conclusion that Ms. Clements did
not engage in culpable conduct on September 29, 2006, as alleged by the Employer,
and that there was no basis for imposing any discipline against her. Accordingly,
Go Transit is directed to fully compensate Ms. Clements for her losses, with interest,
subject to any mitigation. The reasons for this determination will follow in due
course.
th
Dated at Toronto, this 14
day of October 2008.
Ken Petryshen ? Vice-Chair