The Association of Management, Administrative and Professional Crown Employees of Ontario (Bungay) v. The Crown in Right of Ontario (Ministry of the Attorney General), 2019 CanLII 56389

GSB#2018-1697

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

The Association of Management, Administrative and Professional Crown Employees of Ontario (Bungay)

Association

• and –

The Crown in Right of Ontario (Ministry of the Attorney General)

Employer

BEFORE

Brian McLean

Arbitrator

FOR THE ASSOCIATION

Kelly Doctor Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Legal Services Branch Counsel

HEARING

April 9, 2019

Decision

1On May 4, 2018, AMAPCEO filed a dispute in respect of the Complainant’s salary during his temporary assignments with the Ministry, and alleging a breach of the Respectful Workplace Policy, Article 2 (No Workplace Discrimination and Harassment), Article 19 (Pay Administration), among other things.

2On April 9, 2019, the parties attended at the Grievance Settlement Board to arbitrate the dispute. Having heard the submissions of the parties, and based on the unique circumstances of this case, I hereby order the following:

(a) In respect of the Complainant’s allegations relating to Article 2 (No Workplace Discrimination and Harassment) and the Respectful Workplace Policy, the Employer shall pay to the Employee a lump sum of $6,500 as general damages without deductions within 60 days.

(b) The Complainant will repay to the Crown the disputed salary amount received during his temporary assignment as a Business Analyst with the Ministry’s Fiscal Planning Unit from May 30, 2016 to January 2, 2017. Based on the representations of the parties, the disputed gross salary amount is approximately $5,400 to $5,500. The Employer is hereby directed to confirm with the Complainant and AMAPCEO as to the exact amount to be repaid. Payment by the Complainant shall be made within 90 days of receiving the exact calculations from the Employer.

(c) The Employer is not entitled to a repayment for any amounts paid to the Complainant between January 3, 2017 and April 9, 2018.

(d) I remain seized in the event of any dispute relating to the implementation of this order.