HomeMy WebLinkAboutP-2019-2156.Kloosterman.21-09-09 Decision
Public Service
Grievance Board
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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# P-2019-2156
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Kloosterman
Complainant
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General)
Employer
BEFORE Marilyn A. Nairn Vice Chair
FOR THE
COMPLAINANT
Self Represented
FOR THE EMPLOYER
Peter Dailleboust
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
- 2 -
Interim Decision
[1] By decision dated December 21, 2020 it was determined that this complaint could
proceed on the sole basis that it alleged a violation of the Ontario Human Rights
Code (the “Code”). The Complainant is employed by the Crown within the Ministry
of the Solicitor General (the “Employer” or “SOLGEN”) and works in correctional
services.
[2] A total of ten complaints, including this complaint, were filed with the Board by
persons employed in excluded positions in corrections and were consolidated for
hearing for the purpose of dealing with the Employer’s preliminary objection that the
Board had no jurisdiction to entertain the complaints. Following release of the
Board’s decision dated December 21, 2020, three complaints were dismissed.
[3] Of the remaining seven complaints, each allege a violation of the Code or allege
that the Employer acted in violation of a prohibited ground referenced in the Code.
In each case, the Employer took the position that the complaint did not make out a
prima facie case for the remedy requested. Board File #2019-2026 proceeded first.
The remaining six complaints were held in abeyance by the Board. Board File
#2019-2026 has now been closed and no decision was rendered.
[4] The Board is aware that the Employer provided certain production in respect of
Board File #2019-2026. I therefore direct the Employer to advise the Board, by
no later than Thursday, September 23, 2021 as to whether it objects to providing
such production to the Complainant in this matter. Subject to the Employer’s
response, the Board will then determine next steps in addressing this complaint.
Dated at Toronto, Ontario this 9th day of September, 2021.
“Marilyn A. Nairn”
________________________
Marilyn A. Nairn, Vice-Chair