O.B. Shime

The Grievance Settlement Board considered whether an individual employee or the union controls access to arbitration under the Crown Employees Collective Bargaining Act.

The Board held that while Section 18(2) grants an employee the right to grieve in limited circumstances, it does not grant the employee the right to proceed to arbitration independently of the union.

The union retains control over which grievances proceed to arbitration, subject to its duty of fair representation under Section 30.

The Board adopted the reasoning from a prior decision, emphasizing that the Grievance Settlement Board is a single entity and should not depart from its earlier decisions absent exceptional circumstances.

Two former waitresses filed complaints alleging sexual harassment by the owner of the restaurant where they worked.

The Board of Inquiry held that sexual harassment constitutes sex discrimination under the Ontario Human Rights Code.

However, assessing the credibility of the witnesses, the Board found the first complainant's evidence inconsistent and exaggerated, preferring the respondent's denial.

The Board declined to admit the second complainant's testimony as similar fact evidence.

Finding that neither complainant discharged the burden of proof on a balance of probabilities, the Board dismissed both complaints.