HomeMy WebLinkAbout2018-3149.Ramsook-Lall.2023-06-08 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. west
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2018-3149; 2019-0060; 2019-0540; 2019-0541;
2019-0542; 2019-0597; 2019-0598; 2021-0464
UNION# 2018-0585-0026; 2019-0585-0001; 2019-0585-0004; 2019-0585-0005;
2019-0585-0006; 2019-0585-0007; 2019-0585-0008; 2021-0585-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ramsook-Lall) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Immigration, Training and
Skills Development) Employer
BEFORE David R. Williamson Arbitrator
FOR THE UNION Laura Johnson
Ontario Public Service Employees Union
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING May 26, 2023
-2-
DECISION
[1] There are before me eight grievances filed by the Union on behalf of the Grievor,
Ms. Indira Pamela Ramsook-Lall. There is a cluster of grievances dated from
December 12, 2018 to April 17, 2019, plus a further one dated April 9, 2021. In
various ways these grievances allege the Grievor has been subjected to workplace
harassment, bullying, discrimination, reprisal, and Employer refusal to
accommodate.
[2] In relation to these allegations the Union has provided the Employer with an
amended Statement of Particulars consisting of 93 paragraphs of events,
assertions, and allegations, plus remedies sought, and a disclosure request made
to the Employer. The original Statement of Particulars of 118 paragraphs was
amended by way of a Decision rendered by the instant Arbitrator dated June 21,
2022, which struck out the original paragraphs numbered 2-26 that referenced
work-related matters for the period 2009 through 2015.
[3] The hearing date of May 26, 2023, was the second day of the Grievor‘s
examination-in-chief. In giving evidence Ms. Ramsook-Lall made brief reference
to three matters related to her allegation of having been in a poisoned work
environment and caught in the middle of issues between her co-worker Ms.
Carrington and her manager Mr. McGowan. The matters referenced pertained to
a scent and perfume issue in the workplace, threats made against herself and Mr.
McGowan by Ms. Carrington, and putting in an accommodation request to have
her desk moved away from Ms. Carrington’s because her work environment was
being poisoned by Ms. Carrington.
[4] On May 26, 2023 the Employer put forward a submission that the evidence given
on these three foregoing matters should be struck from the evidence as none of
these incidents were included in the list of particulars provided by the Union, are
not directly related to Mr. McGowan, and noted that the Grievor had a substantial
period of close to five years in which to particularize the incidents she wished to
-3-
rely on. In the alternative, submits the Employer, the Grievor should be put on
Notice that no further ‘new events’ are to be raised.
[5] It is the submission of the Union, in response, that Mr. McGowan wrongly saw the
Grievor to be aligned with Ms. Carrington and which led to an animus against the
Grievor which carried forward into subsequent events and decisions involving the
Grievor. The Union puts forward and contends that animus is an important
element of this case, that the matters the Employer seeks to have struck are
examples of this animus, and that these three incidents help to explain the origins
of this animus. The Union seeks to have the testimony of the Grievor on these
three matters remain in evidence.
[6] The Union has submitted that these three matters are important to its case in
relation to the matter of animus, and yet were only touched on briefly so far in the
evidence. Given this, I am of the view that the Union should be afforded the
opportunity to revisit these matters in examination-in-chief and adduce further
evidence on these three matters. Likewise, the Employer too will be provided
latitude to explore these matters further when it comes time for cross-examination.
Dated at Toronto, Ontario this 8th day of June, 2023.
“David R. Williamson”
David R. Williamson, Arbitrator