HomeMy WebLinkAbout2012-3907.Grievor.13-11-25 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2012-3907
UNION#2013-0338-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Grievor) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Ken Petryshen Vice-Chair
FOR THE UNION Christopher Bryden
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
Counsel
FOR THE EMPLOYER Robert Fredericks
Ministry of Government Services
Legal Services Branch
Counsel
HEARING November 25, 2013
- 2 -
Decision
[1] I have before me a grievance filed on behalf of the Grievor dated January 14, 2013,
challenging the termination of her employment as a Probation and Parole Officer. The
Employer terminated the Grievor’s employment effective January 14, 2013.
[2] During the proceedings, the Union requested the Ontario Provincial Police (“OPP”) to
produce the complete investigation file relating to a complaint of sexual assault made by
the Grievor occurring on or around August 28, 2011. The Union has requested that I
issue an order to the OPP directing it to produce the requested material. Having regard to
the circumstances, the nature of the Union’s request and the written submissions of OPP
counsel, I find it appropriate to order the production of the requested material.
[3] Accordingly, I hereby direct the OPP to forthwith produce a copy of the complete
investigation file arising from the sexual assault complaint made by the Grievor to Union
counsel, with the following conditions:
1. The records produced will be those created by the OPP during the course of this
investigation only.
2. Personal information of non-parties will not be included.
3. Any information which could compromise law enforcement interests, including
confidential law enforcement material and informant information, CPIC and FPS
numbers and other confidential police codes and identifying numbers will be
redacted.
4. Any information over which privilege is claimed will be redacted.
5. The records produced to counsel for the Union shall be used by counsel for the sole
purpose of this proceeding and by the parties to this proceeding for the full and fair
disposition of the issues in this proceeding, and may not be otherwise disclosed or
produced to any other person.
Dated at the Toronto, Ontario this 25th day of November 2013.
Ken Petryshen, Vice-Chair