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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