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HomeMy WebLinkAbout2002-0576.Aarnamo.02-12-11 Decision Crown Employees Commission de ~~ Grievance Settlement reglement des griefs Board des employes de la Couronne ~-,... Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 0576/02 UNION# 02C704 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Aarnamo) Grievor - and - The Crown In RIght of Ontano (Mimstry of CorrectIOnal ServIces) Employer BEFORE Gerry Lee Vice-Chair FOR THE UNION Jim Paul Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Andrea KupreJanov Staff RelatIOns Officer Mimstry of PublIc Safety and Secunty HEARING October 15 2002 2 DECISION The PartIes referred thIS matter to medIatIOn/arbItratIOn In accordance wIth ArtIcle 22 16 of the CollectIve Agreement. At the outset of the heanng, the PartIes agreed that I had JunsdIctIOn to deal wIth thIS matter and they consented to me ISSUIng a decISIOn wIth no reasons The gnevor In thIS matter claims that she was subJected to sexual harassment In the workplace by a supervIsor at the Kenora JaIl In contraventIOn of artIcle 22 10 1 of the collectIve agreement. The Mimstry's Internal InvestIgatIOn Umt (IIU) conducted an InVestIgatIOn WIth respect to thIS matter and a report was Issued In August 2001 The PartIes and the gnevor agreed that the findIngs outlIned In the report were accurate Dunng the course of the heanng, the employer confirmed that upon receIpt of the IIU report, the supervIsor In questIOn . has been dIscIplIned regardIng thIS matter and that such dIscIplIne would remaIn on hIS personnel file for a penod of three years . has been assIgned alternate dutIes at the JaIl and wIll remaIn there for the penod that the dIscIplIne remaInS on hIS file Dunng thIS penod the contact between the supervIsor and the gnevor shall be lImIted to the extent that operatIOnal reqUIrements are met; and . has completed the Mimstry's Workplace DISCnmInatIOn and Harassment PolIcy (WDHP) traInIng for managers After carefully reVIeWIng the eVIdence and the submIssIOns of the partIes, I find that wIth respect to the remaInIng outstandIng Issues between the partIes, the gnevance succeeds AccordIngly I hereby order as follows 1 The gnevor's nghts under artIcle 22 10 1 of the collectIve agreement (sexual harassment) were breached, 2 The gnevor shall be paid $2,000 (net) as monetary compensatIOn for mental angUIsh pursuant to SectIOn 41 (1) of the Ontario Human Rights Code 3 I am confirmIng the partIes agreement that there shall be no retalIatIOn agaInst the gnevor for eXerCISIng her nghts under the collectIve agreement; 4 Future concerns raised by the gnevor shall be addressed appropnately In accordance wIth the Mimstry's WDHP polIcy and zero tolerance pnncIples and 5 ThIS award hereby resolves all outstandIng Issues that the gnevor may have wIth respect to the CIrcumstances gIVIng nse to the above-captIOned gnevance 3 I remam seized with respect to the implementatiOn of this award. Dated at Toronto this 11th day of December 2002