HomeMy WebLinkAboutP-2019-2090.Reay.21-10-15 Decision
Public Service
Grievance Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission des
griefs de la fonction
publique
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
PSGB# P-2019-2090
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Reay
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] This complaint and five others were held in abeyance pending the hearing of a
similar seventh complaint. As noted in the Board’s Interim Direction dated
September 9, 2021, Board File #2019-2026 has now been closed and no decision
was rendered. The Employer advised that it was prepared to make available certain
production to the Complainant; production that had been made in respect of Board
File #2019-2026. The Complainant provided the usual and appropriate undertaking
not to disclose or use that material for any purpose other than the proper conduct of
this litigation. The Board has since confirmed that that material has been provided
to the Complainant.
[3] The Complainant has alleged that the Employer acted in violation of the Code by
discriminating against him in ultimately denying him a merit increase for the
performance year at issue. The onus rests with the Complainant to establish his
claim. It is incumbent on the Complainant to provide particulars as to the basis for
his allegation, including identifying the prohibited ground(s) relied on for asserting
that the Employer discriminated against him and thereby violated the Code.
[4] While the Complainant has outlined their complaint in their Form 1 already filed, the
Complainant is hereby directed to provide particulars as to the specific
allegation that the Employer discriminated against them in violation of the Code.
Those particulars must include the identification of the specific prohibited ground(s)
relied on under the Code, as well as any assertions of fact (the “who, what, when,
where”) relied on by the Complainant in asserting that they were discriminated
against in violation of the Code. Those particulars are to be provided in writing to
the Board with a copy to Employer counsel by no later than Friday, October 29,
2021.
[5] Upon receipt of those particulars, the Board will determine next steps, including
whether it is appropriate to deal with any preliminary objections of the Employer.
Dated at Toronto, Ontario, this 15th day of October, 2021.
“Marilyn A. Nairn”
________________________
Marilyn A. Nairn, Vice-Chair