HomeMy WebLinkAbout2019-1141.Codling.19-12-05 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# 2019-1141
UNION#2019-0368-0213
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Codling) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Gail Misra Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Ann Fowler
Treasury Board Secretariat
Employee Relations Advisor
HEARING November 27, 2019
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Decision
[1] The Employer and the Union at the Central East Correctional Centre (“CECC”)
agreed to participate in mediation-arbitration in accordance with the Local
Mediation-Arbitration Protocol that has been negotiated by the parties. Should
mediation not result in resolution of a grievance, pursuant to the Protocol, they
have agreed to a mediation-arbitration process by which each party provides the
Arbitrator with their submissions setting out their respective facts and the
authorities they may be relying upon. This decision is issued in accordance with
the Protocol and with Article 22.16 of the collective agreement, so that it is
without precedent or prejudice to any other matters between the parties, and is
issued without written reasons.
[2] Robert Codling filed a grievance dated June 25, 2019 claiming that the Employer
had violated Articles 2 and 3 of the Collective Agreement, as well as the Human
Rights Code, other legislation, and policies regarding the Employer sharing
confidential information with others without permission of the Grievor. In
particular, Mr. Codling grieved that the Employer had met with his spouse, Ms.
Codling, regarding the Grievor’s sick time, and the rationale for his not attending
at work on that day, June 13, 2019.
[3] Having considered the submissions of the parties, including the evidence that in
fact a member of management did meet with the Grievor’s spouse, who is also
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an employee at the CECC, to inquire about the Grievor’s health when Mr.
Codling did not attend at work, I find that the Employer breached the Grievor’s
right to privacy and confidentiality in regards to a medical leave.
[4] The Grievance is therefore upheld, and the Employer is ordered to pay to Mr.
Codling $250 as damages for the breach of his confidentiality. Such payment,
being in the nature of damages, is not subject to statutory deductions. I remain
seized in the event there are any issues regarding the implementation of this
award.
Dated at Toronto, Ontario this 5th day of December 2019.
“Gail Misra”
Gail Misra, Arbitrator