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HomeMy WebLinkAbout2015-1734.Pouli.16-01-20 Decision Crown 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# 2015-1734 UNION# 2015-5112-0158 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Pouli) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Tanja Wacyk Vice-Chair FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Jonathan Rabinovitch Treasury Board Secretariat Legal Services Branch Counsel CONFERENCE CALL January 20, 2015 - 2 - DECISION [1] Union counsel requested an order for the production of the report and findings from the investigation of the grievor’s sexual harassment complaint. The investigation was conducted pursuant to the employer’s Workplace Discrimination and Harassment Prevention Policy (WDHP). [2] Employer counsel did not dispute the report and findings were arguably relevant to the grievances scheduled to be heard on February 10, 2016. [3] However, employer counsel pointed out the grievor remained off work as a result of the issues dealt with in the report, and the WDHP provides findings are not to be disclosed to grievors until they return to work, on the basis doing so earlier may exacerbate their illness. Accordingly, the employer resisted the union’s request on the basis production of the report and findings at this time may exacerbate the grievor’s illness. [4] The union pointed out the grievor, pursuant to the employer’s request, had provided medical documentation indicating she was medically capable to participate in the investigation process. Disposition: [5] Having regard to the submissions of the parties, I hereby direct the employer to provide to the union, a copy of the report and findings of the investigation conducted into the grievor’s complaint. The employer is directed to do so by no later than the close of business on January 27, 2016. Dated at Toronto this 20th day of January 2016. “Tanja Wacyk” Tanja Wacyk, Vice-Chair