GSB#2009-2091, 2009-2092
UNION#2009-0252-0046, 2009-0252-0047
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Myciak)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry B. Fisher
Vice-Chair
FOR THE UNION
Jane Letton Ryder Wright Blair & Holmes LLP Barristers and Solicitors
FOR THE EMPLOYER
Michelle Dobranowski Ministry of Government Services Legal Services Branch Counsel
HEARING SUBMISSIONS
July 16, 2010. September 1, 2010.
Decision
1This case was heard as part of the med-arb process.
2The Ministry admitted that they violated Article 3.9 of the Collective Agreement (Health and Safety). This violation occurred when they failed to remove a certain inmate from the institution where the Grievor worked within the time frame as set out in “Threats Against Staff” policy.
3As the Grievor suffered no direct monetary loss, but the Article was clearly violated, I must fashion a remedy based on an award of general damages.
4I have reviewed the extensive submissions of the parties on the issue of the amount of damages. In considering the proper amount, I have taken into account the following factors:
- The breach was caused solely by an administrative error.
- Once the problem was identified, the Ministry responded in an appropriate and timely fashion.
- The Grievor had no economic loss.
- The Grievor did not suffer any undue hardship or distress as a result of this breach.
- Appropriate measures have now been taken to prevent this same breach from happening in the future.
- The purpose of these monetary awards is not to punish the Employer nor to provide a significant financial award to the Grievor but rather to award a nominal amount of damages which properly reflects the severity of the breach.
5I award the Grievor the sum of $350.00 in the form of general damages.
Dated at Toronto this 10th day of September 2010.