HomeMy WebLinkAbout2013-0922.Knowles.14-09-30 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#2013-0922
UNION#2013-0290-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Knowles) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Ian Anderson Vice-Chair
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Karen Martin
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING September 23, 2014
- 2 -
Decision
[1] This decision is issued in accordance with Article 22.16 of the collective agreement, and is
without prejudice or precedent. The parties agreed to proceed on the basis of representations and
submissions and have requested that decisions issued be brief.
[2] In April 2013 the Grievor was employed as a Youth Services Officer. On April 3, 2013 in
the course of her duties she was assaulted by a Young Person confined to the facility at which the
Grievor worked. The Grievor experienced injuries as a result of the assault for which she
claimed and received benefits under the Workplace Safety and Insurance Act. The Grievor
alleges that the failure of the Employer to provide her with certain information in relation to the
Young Person in question resulted in the assault and her injuries. She seeks damages.
[3] Having considered these representations and submissions of the parties, I am not satisfied
that any failure by the Employer to provide the Grievor with information was the proximate
cause of the assault or her injuries. In any event, I am unable to award the damages sought: see
OPSEU (Monk et al) v. The Crown in Right of Ontario (Ministry of Correctional Services and
Ministry of Children and Youth Services), 2010 CanLII 28261 (ON GSB).
[4] Accordingly, the grievance is dismissed.
Dated at Toronto, Ontario this 30th day of September 2014.
Ian Anderson, Vice-Chair