GSB# 0576/02
UNION# 02C704
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Aarnamo)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Correctional Services)
Employer
BEFORE
Gerry Lee
Vice-Chair
FOR THE UNION
Jim Paul Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Andrea Kupreanov Staff Relations Officer Ministry of Public Safety and Security
HEARING
October 15, 2002.
DECISION
The Parties referred this matter to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement. At the outset of the hearing, the Parties agreed that I had jurisdiction to deal with this matter and they consented to me issuing a decision with no reasons.
The grievor in this matter claims that she was subjected to sexual harassment in the workplace by a supervisor at the Kenora Jail in contravention of article 22.10.1 of the collective agreement.
The Ministry’s Internal Investigation Unit (IIU) conducted an investigation with respect to this matter and a report was issued in August 2001. The Parties and the grievor agreed that the findings outlined in the report were accurate.
During the course of the hearing, the employer confirmed that upon receipt of the IIU report, the supervisor in question:
has been disciplined regarding this matter and that such discipline would remain on his personnel file for a period of three years;
has been assigned alternate duties at the Jail and will remain there for the period that the discipline remains on his file. During this period the contact between the supervisor and the grievor shall be limited to the extent that operational requirements are met; and
has completed the Ministry’s Workplace Discrimination and Harassment Policy (WDHP) training for managers.
After carefully reviewing the evidence and the submissions of the parties, I find that with respect to the remaining outstanding issues between the parties, the grievance succeeds. Accordingly, I hereby order as follows:
The grievor’s rights under article 22.10.1 of the collective agreement (sexual harassment) were breached;
The grievor shall be paid $2,000 (net) as monetary compensation for mental anguish pursuant to Section 41(1) of the Ontario Human Rights Code;
I am confirming the parties agreement that there shall be no retaliation against the grievor for exercising her rights under the collective agreement;
Future concerns raised by the grievor shall be addressed appropriately in accordance with the Ministry’s WDHP policy and zero tolerance principles; and
This award hereby resolves all outstanding issues that the grievor may have with respect to the circumstances giving rise to the above-captioned grievance.
I remain seized with respect to the implementation of this award.
Dated at Toronto, this 11th day of December, 2002.