HomeMy WebLinkAbout1999-1390.Simon et al.01-06-14 ORDER
~M~ om~o EA1PLOYES DE LA COURONNE
_Wi iii~~~i~T DE L 'ONTARIO
COMMISSION DE
REGLEMENT
"IIIl__1I'" BOARD DES GRIEFS
Ontario
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396
GSB# 1390/99
UNION# 99E23 1
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(SImon et al)
Grievor
-and-
The Crown m RIght of Gntano
(Mimstrv of Correchonal ServIces)
Employer
BEFORE Loretta Mikus Vice-Chair
FOR THE GRIEVOR Arleen Huggms
Counsel
Koskie & Minskv
BarrIsters & SOlICItorS
FOR THE EMPLOYER Stephen Patterson
Counsel
Legal ServIces Branch
Management Board Secretanat
HEARING March 14 2001
ORDER
On March 14, 2001 the grlevor, Anthony Simon, reached an agreement with his employer,
the Ministry of the Solicitor General and Correctional Services that provided, In part, for the
payment of a confidential sum of money, the withdrawal of the grievance giving rise to
these proceedings and specifically a withdrawal by Mr Simon of his complaint under the
Human Rights Code of Ontario
Subsequent to that settlement, a letter was written to the Human Rights Commission
asking the Commission to reject that settlement Insofar as It relates to the allegation of
systemic discrimination and to exercise ItS discretion under the Code to continue with ItS
Investigation of Mr Simon's complaint.
The monies agreed to under the Minutes of Settlement are due to be paid to Mr Simon on
June 18, 2001 and the Ministry IS reluctant to make that payment In light of the uncertainty
of the status of Mr Simon's Human Rights complaint.
It IS against this background that I have determined that the Ministry IS entitled to an answer
before June 18, 2001 It IS therefore the Order of this Board that counsel for the union and
counsel for the Ministry are to approach the Human Rights Commission directly to make
Inquires about ItS Intentions In this regard as soon as possible so that the Ministry can
determine ItS position with respect to the settlement.
This Order IS made without prejudice to the rights of the parities to make further
submissions regarding the effect of the May 11, 2001 letter on the settlement agreement
following their communications with the Ontario Human Rights Commission
Dated at Toronto, this 14th day of June, 2001
, , .
Ju,.
, ..
, .,
r .. .
.. " ..
. .. ..
. .:' to .
Loretta Mikus, Vice-Chair
2