Dina Zonoozi

The complainant, a Staff Sergeant at a correctional facility, grieved a 7-day disciplinary suspension for arriving late, falsifying timesheets, using the gym during overtime shifts, and sending an inappropriate email to a manager.

The complainant alleged the investigation was racially motivated and that he was unfairly targeted.

The Public Service Grievance Board dismissed the discrimination claim, finding no prima facie case.

However, the Board reduced the suspension from 7 days to 3 days because the employer withdrew one allegation and mistakenly relied on a non-existent prior disciplinary record.

The applicant union sought judicial review of a Grievance Settlement Board decision that declined to hear four health and safety grievances related to a COVID-19 outbreak at a correctional facility.

The Arbitrator had ruled the grievances were barred by issue estoppel and collateral attack because the union had previously sought orders from Ministry of Labour inspectors under the Occupational Health and Safety Act for the same issues but failed to appeal the inspectors' decisions to the Ontario Labour Relations Board.

The Divisional Court dismissed the application, finding the Arbitrator's application of issue estoppel and collateral attack was reasonable.