HomeMy WebLinkAbout2013-2915.Sanmuganathan.19-06-11 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# 2013-2915; 2014-3461
UNION# 2013-0530-0037; 2014-5112-0187
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sanmuganathan) Union
- and –
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Joseph Carrier Arbitrator
FOR THE UNION Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Kevin Dorgan
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING June 11, 2019
- 2 -
Decision
[1] This matter came on for arbitration before me on June 4, 2019. The Union
filed grievances on behalf of Ms. Dishani Sanmuganathan alleging that the
Ministry had failed to protect Ms. Sanmuganathan's health and safety following
an incident that occurred on May 13, 2013, and that the Ministry had issued a
1-day disciplinary suspension without cause in relation to this incident.
[2] The parties agreed that this matter would proceed pursuant to Article 22.16
which states in part:
22. 16.2 The mediator/arbitrator shall endeavour to assist the parties
to settle the grievance by mediation. If the parties are unable to
settle the grievance by mediation, the mediator/arbitrator shall
determine the grievance by arbitration. When determining the
grievance by arbitration, the mediator/arbitrator may limit the nature
and extent of the evidence and may impose such conditions as he or
she considers appropriate. The mediator/arbitrator shall give a
succinct decision within five (5) days after completing proceedings,
unless the parties agree otherwise.
22.16.7 Decisions reached through the mediation/arbitration
process shall have no precedential value unless the parties
agree otherwise.
[3] I have considered the documents tendered as evidence in this case and the
submissions of the parties. I have some concerns with the Ministry's investigation
into the events of May 13, 2013. I have determined that the disciplinary
suspension should be rescinded in the circumstances.
[4] I hereby refer this matter back to the parties and direct them to craft an
appropriate remedy.
[5] I shall remain seized in the event that the parties have any difficulties reaching
agreement on a remedy or have difficulties with regard to the implementation of
this decision.
Dated at Toronto, Ontario this 11th day of June, 2019.
“Joseph Carrier”
Joseph Carrier, Arbitrator