HomeMy WebLinkAboutP-2019-2334.Complainant.21-05-18 Decision
Public Service
Grievance Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission des
griefs de la fonction
publique
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
PSGB# 2019-2334
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Complainant Complainant
- and –
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Thomas Kuttner, Q.C. Vice Chair
FOR THE
COMPLAINANT
Complainant
FOR THE EMPLOYER
Regina Wong
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING May 17, 2021
- 2 -
Decision
[1] This is a complaint filed pursuant to subsection 4(1) of O Reg 378/07 (“the
Regulation”) under the Public Service of Ontario Act, 2006, SO 2006 c.35 Sch A
(“the Act”). In it, the Complainant, alleges that the Employer breached the
Workplace Discrimination and Harassment Policy (“WDHP”) by implementing a
biased and unfair process during an investigation of a violation of that Policy. By
way of relief, the Complainant in a Form 1 Application seeks full and complete
exoneration from the WDHP violation, removal of a letter of counsel from the
personnel file and removal from the WDHP Tracking Record Registry/Protocol.
[2] At a mediation session held before the Board, the parties entered into a
Memorandum of Settlement resolving all matters in dispute between them, including
the issue of removal from the WDHP Tracking Record Registry/ Protocol,
concerning which they seek a Consent Order from the Board.
[3] Having carefully considered the submissions of the parties, I hereby direct the
Employer to remove the Complainant’s name from the WDHP Tracking Record
Registry/Protocol within fourteen (14) days of the issuance of this Order.
[4] I remain seized of any issues that may arise concerning implementation of the within
Order.
Dated at Toronto, Ontario this 18th day of May, 2021.
“Thomas Kuttner, Q.C.”
________________________
Thomas Kuttner, Q.C., Vice-Chair