GSB#2013-0922

UNION#2013-0290-0019

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Knowles)

Union

• and -

The Crown in Right of Ontario (Ministry of Children and Youth Services)

Employer

BEFORE

Ian Anderson

Vice-Chair

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Karen Martin Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

September 23, 2014

Decision

1This decision is issued in accordance with Article 22.16 of the collective agreement, and is without prejudice or precedent. The parties agreed to proceed on the basis of representations and submissions and have requested that decisions issued be brief.

2In April 2013 the Grievor was employed as a Youth Services Officer. On April 3, 2013 in the course of her duties she was assaulted by a Young Person confined to the facility at which the Grievor worked. The Grievor experienced injuries as a result of the assault for which she claimed and received benefits under the Workplace Safety and Insurance Act. The Grievor alleges that the failure of the Employer to provide her with certain information in relation to the Young Person in question resulted in the assault and her injuries. She seeks damages.

3Having considered these representations and submissions of the parties, I am not satisfied that any failure by the Employer to provide the Grievor with information was the proximate cause of the assault or her injuries. In any event, I am unable to award the damages sought: see OPSEU (Monk et al) v. The Crown in Right of Ontario (Ministry of Correctional Services and Ministry of Children and Youth Services), 2010 CanLII 28261 (ON GSB).

4Accordingly, the grievance is dismissed.