GSB#112/99, 113/99, 114/99, 115/99, 144/99
UNION#99C138, 99C139, 99C140, 99C141, 99C310, 99C151
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Levesque)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Transportation)
Employer
BEFORE Randi H. Abramsky Vice-Chair
FOR THE Peggy Smith
GRIEVOR Counsel
Elliot, Smith
Barristers and Solicitors
FOR THE Len Marvy, Senior Counsel
EMPLOYER Legal Services Branch
Management Board Secretariat
HEARING DATEDS January 28, 2000; April 10, 2000; June 15, 2000; June 16, 2000; July 26, 2000; July 27, 2000; September 14, 2000; September 15, 2000; November 9, 2000; November 10, 2000; December 14, 2000.
AWARD
This case involves the discharge of an employee for allegedly filing false allegations of sexual assault, sexual harassment and sex discrimination against a co-worker. The Ministry concluded that the grievor filed the complaint “in bad faith” in order to secure a “job/upgrade.” In addition, the Ministry determined that the grievor had “engaged in inappropriate behaviour in the workplace which contributed to a poisoned work environment.” For these reasons, the grievor was discharged. The issue before me is whether the Employer had just cause to discharge the grievor.
FACTS
A. General Background
The grievor, Collette Levesque, began working for the Ministry of Transportation on October 6, 1980. In April 1995, she went off on maternity leave. In August 1995, during her leave, her Customer Service Clerk, OAG-7, position was relocated from Downsview to St. Catherines. She moved with her family to St. Catherines and returned to work in February 1996. Two months later, in April 1996, her position was surplused and she was directly assigned to the position of Bilingual Word Processing Operator, OAG-7, in the Carrier Licensing Office of the Compliance Branch, which had not yet relocated to St. Catherines. It was still located in Downsview and would continue there until the summer of 1996. Ms. Levesque accepted the assignment,