HomeMy WebLinkAbout2009-2091.Myciak.10-09-10 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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GSB#2009-2091, 2009-2092
UNION#2009-0252-0046, 2009-0252-0047
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Myciak)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREBarry B. Fisher Vice-Chair
FOR THE UNIONJane Letton
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYERMichelle Dobranowski
Ministry of Government Services
Legal Services Branch
Counsel
HEARING
July 16, 2010.
SUBMISSIONS
September 1, 2010.
- 2 -
Decision
[1]
This case was heard as part of the med-arb process.
[2]
The Ministry admitted that they violated Article 3.9 of the Collective Agreement (Health and
Safety). This violation occurred when they failed to remove a certain inmate from the institution where
the Grievor worked within the time frame as set out in ?Threats Against Staff? policy.
[3]
As the Grievor suffered no direct monetary loss, but the Article was clearly violated, I must
fashion a remedy based on an award of general damages.
[4]
I have reviewed the extensive submissions of the parties on the issue of the amount of damages.
In considering the proper amount, I have taken into account the following factors:
1. The breach was caused solely by an administrative error.
2. Once the problem was identified, the Ministry responded in an appropriate and timely
fashion.
3. The Grievor had no economic loss.
4. The Grievor did not suffer any undue hardship or distress as a result of this breach.
5. Appropriate measures have now been taken to prevent this same breach from happening
in the future.
6. The purpose of these monetary awards is not to punish the Employer nor to provide a
significant financial award to the Grievor but rather to award a nominal amount of
damages which properly reflects the severity of the breach.
[5] I award the Grievor the sum of $350.00 in the form of general damages.
th
Dated at Toronto this 10 day of September 2010.
Barry B. Fisher, Vice-Chair