HomeMy WebLinkAbout2022-8780.Wieja.24-06-20 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2022-8780
UNION# 2022-0678-0164
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Wieja) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Deborah J.D. Leighton Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Michael Kuk
Karen Martin
Treasury Board Secretariat
Employee Relations & Negotiations
Employee Relations Advisor
HEARING June 5, 2024
-2 -
Decision
[1] Ms. Chelsea Wieja, a Mental Health Nurse at the Algoma Treatment and Remand
Cemtre, filed a grievance on September 2, 2022, alleging that the employer “failed
to protect my health and safety as well as my personal dignity when I was subject
to sexual harassment in the workplace by an offender and the employer failed to
hold the offender accountable for his actions,” contrary to the collective agreement,
the Occupational Health and Safety Act and the Human Rights Act. The grievor
seeks an order for training for management on what constitutes sexual
harassment and $5000.00 in damages for the breach of the above noted Acts.
The employer denied the grievance and maintained that there had been no
breaches of the collective agreement or the Acts.
[2] The parties referred this grievance to mediation/arbitration in accordance with
Article 22.16 of the collective agreement. At the outset of the hearing, the parties
agreed that I had the jurisdiction to deal with this matter. They asked that I issue a
decision without precedential value and without written reasons.
[3] Having carefully considered the submissions of the parties on the allegations of
the breach of the grievor’s rights and the jurisprudence of the Board, I find that the
grievor was sexually harassed by the inmate and given the employer has a duty to
protect employees from harassment of third parties, in this case inmates, they
failed in that obligation. Consequently, I hereby grant the grievance and order the
employer to pay the grievor $1500.00 in damages forthwith.
Dated at Toronto, Ontario this 20th day of June 2024.
“Deborah J.D. Leighton”
Deborah J.D. Leighton, Arbitrator