66 total
Grievance dismissed as untimely; nine-year delay not excused despite grievor's mental illness.
The union filed a grievance on behalf of the grievor alleging harassment and discrimination based on disability.
The employer raised a preliminary objection that the grievance, filed more than nine years after the events in question, was untimely.
The union argued the grievor was incapable of filing earlier due to severe mental illness and requested an extension under s. 48(16) of the Labour Relations Act.
The Grievance Settlement Board found that while the grievor suffered from a debilitating mental illness, she had been capable of pursuing a WSIB claim regarding the same events during the delay period.
The Board concluded the union failed to establish a reasonable explanation for the delay and declined to extend the time limit.
The grievance was dismissed as untimely.
Board reserves decision on admissibility of manager's past misconduct until final submissions in harassment grievance.
The union filed a grievance alleging that a registered nurse was verbally assaulted by an operational manager and a member of the public, creating a poisoned work environment and violating the collective agreement, the Human Rights Code, and the Occupational Health and Safety Act.
The union sought to introduce evidence of past incidents of sexist conduct and violent outbursts by the manager involving other female staff.
The employer objected to the admissibility of this evidence, arguing it was irrelevant and prejudicial.
The Grievance Settlement Board ruled that it would hear the evidence regarding the alleged past incidents but reserved its decision on admissibility and weight until final submissions.
Employer's investigation report ruled admissible in arbitration hearing despite union's hearsay and prejudice objections.
Prior to the commencement of an arbitration hearing regarding a ten-day suspension and non-disciplinary transfer for alleged sexual harassment, the union objected to the employer's intention to introduce an investigation report into evidence.
The union argued the report was hearsay, contained opinions that would usurp the Board's role, and was highly prejudicial.
The Board dismissed the objection, following previous jurisprudence that such reports are relevant to how the employer arrived at its decisions and that the Board is capable of weighing hearsay evidence appropriately.
Grievance alleging discriminatory desk assignment dismissed for failing to disclose a prima facie case.
The union grieved the employer's decision to use a lottery system to assign a preferred desk, alleging it violated the collective agreement and the Human Rights Code by discriminating on the basis of age and gender.
The employer brought a preliminary motion to dismiss the grievance for failing to disclose a prima facie case.
The Grievance Settlement Board struck portions of the union's particulars that improperly expanded the scope of the grievance.
Assuming the remaining facts were true, the Board found that the failure to assign a desk based on seniority did not constitute a human rights violation, and dismissed the grievance.
Final decision confirming implementation of systemic remedies for a poisoned work environment at the Toronto Jail.
This is the final decision in a series of mediation-arbitration proceedings addressing systemic remedies for a poisoned work environment at the Toronto Jail between 2005 and 2008.
The Vice-Chair reviewed the 48 Objectives Requiring Action agreed upon by the parties to address issues of racism, harassment, and workplace culture.
The Board concluded that, subject to an ongoing challenge regarding the investigation of hate letters, all agreed actions have been successfully carried out and implemented.
Employer ordered to pay damages to correctional officers for failing to adequately address a poisoned work environment.
The union filed a policy grievance on behalf of two groups of correctional officers, alleging the employer failed to provide a workplace free from harassment and discrimination.
The workplace became poisoned due to anonymous racist and threatening hate mail, leading to severe racial divisions and a breakdown of trust among staff.
The employer admitted liability for negligence in its handling of the situation between 2005 and 2008.
The arbitrator found that while the employer did not write the letters, its response was inadequate and failed to sufficiently address the systemic issues until 2008.
The arbitrator awarded $1,500 to each affected employee in Group A and $1,000 to each affected employee in Group B for injury to dignity, feelings, and self-respect.
Board appointed an independent reviewer to examine the Ministry's investigation into workplace hate crimes.
The Grievance Settlement Board issued a brief decision appointing Michael A. Davis to conduct a review of the Ministry's investigation into hate crimes, following consultation with the parties.
Arbitrator orders retiring allowance under Minutes of Settlement to be paid forthwith on consent.
The parties entered into Minutes of Settlement resolving their dispute, with the arbitrator remaining seized of any implementation issues.
A dispute arose regarding the timing of the payment of a retiring allowance.
Following submissions and on consent of the parties, the arbitrator ordered that the retiring allowance be paid forthwith.
Board issues further directions on the implementation of systemic remedies for workplace discrimination and harassment.
This decision follows previous rulings dealing with systemic remedies for discrimination and harassment at the Toronto Jail.
The Grievance Settlement Board reviewed the progress of the employer and the union in implementing agreed-upon objectives, including staffing analyses, performance development plans, and human rights training.
The Board noted the withdrawal of several union proposals that were addressed by a new workplace discrimination and harassment policy, and issued further directions on the handling of future complaints.
Union ordered on consent to deliver particulars regarding the merits and timeliness of its grievance.
In a grievance arbitration concerning events that occurred several years prior, the employer objected that the grievance was untimely.
The parties agreed to a timetable for the delivery of particulars.
The Grievance Settlement Board issued a consent order directing the union to deliver full written particulars of its allegations of material fact regarding the merits of the grievance and any request to extend time limits by January 21, 2011.
Employer ordered to disclose handwriting expert and recommend reviewer for workplace hate crimes investigation.
The Union raised concerns about the thoroughness and pace of the Employer's investigation into hate crimes at the Toronto Jail, specifically regarding a letter discovered in April 2010 and another received in November 2010.
The Grievance Settlement Board ordered the Employer to disclose the identity of its handwriting expert by January 31, 2011, and to recommend a candidate to review the investigations by December 17, 2010.
The Union was given deadlines to respond to these appointments, with any unresolved issues to be addressed at a subsequent hearing.
Grievance Settlement Board reviews and updates the status of systemic remedy action plans at Toronto Jail.
The Grievance Settlement Board issued a follow-up decision regarding the implementation of systemic remedies at the Toronto Jail.
The Vice-Chair reviewed the progress of various action plans, including the issuance of Standing Orders, peer coaching, dress code enforcement, staffing analysis, performance development plans, and workplace discrimination and harassment training.
Several objectives were deemed accomplished, while others remain subject to ongoing monitoring and future meetings between the union and the employer.
Board reviews and updates timelines for implementing remedial orders addressing workplace harassment at Toronto Jail.
The Grievance Settlement Board conducted a review of the implementation of its previous remedial orders aimed at restoring a workplace free from harassment and discrimination at the Toronto Jail.
The Board noted progress on several fronts, including the issuance of Standing Orders, management training, and the installation of security equipment.
The Board varied certain orders, establishing new deadlines for performance development plans, diversity training, and the implementation of the new Workplace Discrimination and Harassment Prevention (WDHP) policy.
The Board also clarified the role of the seconded Deputy-Superintendent in overseeing the restoration process.
Board issues updated timelines for implementing organizational objectives and training initiatives at the Toronto Jail.
The Grievance Settlement Board issued an update on the parties' organizational objectives and the implementation of agreed action plans at the Toronto Jail.
The decision outlines specific timelines and responsibilities for the Employer and the Union to complete various training initiatives, including anti-racism, conflict resolution, and human rights training, as well as policy updates regarding standing orders, dress codes, and workplace discrimination and harassment complaints.
Grievance allowed; employer directed to assign grievor to Senior Records Clerk position permanently.
The grievor requested an assignment to the position of Senior Records Clerk at the Toronto Jail pursuant to Article 8.6.3 of the Collective Agreement.
The employer denied the request, leading to a grievance.
Following a hearing, the Grievance Settlement Board directed that the grievor be assigned to the position on a permanent basis.
Human rights application dismissed after applicant failed to communicate with counsel or the Tribunal.
The applicant filed a human rights application but subsequently failed to attend a scheduled mediation due to health reasons.
After the mediation was cancelled, the Tribunal and the applicant's counsel were unable to contact the applicant to reschedule.
The Tribunal warned that the file would be closed if no response was received.
As the applicant's counsel confirmed he could not reach his client for instructions, the Tribunal dismissed the application.
Hearing protocol established for poisoned work environment grievances.
The Grievance Settlement Board established a hearing protocol for several grievances alleging harm and damages from a poisoned work environment.
The protocol sets out hearing dates for Group A and Group B grievances, limits the number of individuals the Union may have present, and establishes timelines for the exchange of will-say statements and proposed monetary resolutions.
Board sets procedural rules and evidentiary limits for remaining individual grievances in mediation-arbitration.
In a mediation-arbitration process concerning grievances over a poisoned work environment, the Grievance Settlement Board issued a procedural decision for the remaining unresolved individual grievances.
Pursuant to the collective agreement, the Board imposed limitations on evidence and set conditions for the arbitration.
To avoid lengthy litigation, the Employer accepted liability for negligence solely for the purpose of these cases.
The Board established a timeline for the exchange of updated will-say statements and written particulars of remedies sought, and directed that no oral evidence would be heard unless directed by the Vice-Chair.
Board amends objectives and action plans for improving the work environment at the Toronto Jail.
The Grievance Settlement Board issued an update to its previous decisions regarding objectives and action plans to improve the work environment at the Toronto Jail.
The Board amended several objectives, including the process for the Coordinating Committee to address unresolved issues of racism, sexism, or sexual orientation, and directed the Ministry to provide written proposals regarding paid parking and managerial appointments.
The Board also updated the responsibilities for certain action plans and appointed new members to the Coordinating Committee.
Interim relief to maintain paid leave denied where employer offered reasonable accommodation at alternative work locations.
The union sought interim relief to maintain a correctional officer's paid leave of absence pending the determination of his grievance regarding a poisoned work environment.
The grievor had been on paid leave for 17 months after receiving racially-motivated hate mail.
The employer offered to accommodate the grievor at six other correctional institutions, but the grievor refused, seeking to remain on paid leave.
The Board assumed jurisdiction to grant interim relief but dismissed the application, finding that the employer's offer of alternative work locations was a reasonable accommodation and the balance of harm did not favour allowing the grievor to remain off work with pay.
