GSB# 2013-2915; 2014-3461

UNION# 2013-0530-0037; 2014-5112-0187

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sanmuganathan)

Union

• and –

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Joseph Carrier

Arbitrator

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Kevin Dorgan Treasury Board Secretariat Legal Services Branch Counsel

HEARING

June 11, 2019

Decision

1This matter came on for arbitration before me on June 4, 2019. The Union filed grievances on behalf of Ms. Dishani Sanmuganathan alleging that the Ministry had failed to protect Ms. Sanmuganathan's health and safety following an incident that occurred on May 13, 2013, and that the Ministry had issued a 1-day disciplinary suspension without cause in relation to this incident.

2The parties agreed that this matter would proceed pursuant to Article 22.16 which states in part:

22. 16.2 The mediator/arbitrator shall endeavour to assist the parties to settle the grievance by mediation. If the parties are unable to settle the grievance by mediation, the mediator/arbitrator shall determine the grievance by arbitration. When determining the grievance by arbitration, the mediator/arbitrator may limit the nature and extent of the evidence and may impose such conditions as he or she considers appropriate. The mediator/arbitrator shall give a succinct decision within five (5) days after completing proceedings, unless the parties agree otherwise.

22.16.7 Decisions reached through the mediation/arbitration process shall have no precedential value unless the parties agree otherwise.

3I have considered the documents tendered as evidence in this case and the submissions of the parties. I have some concerns with the Ministry's investigation into the events of May 13, 2013. I have determined that the disciplinary suspension should be rescinded in the circumstances.

4I hereby refer this matter back to the parties and direct them to craft an appropriate remedy.

5I shall remain seized in the event that the parties have any difficulties reaching agreement on a remedy or have difficulties with regard to the implementation of this decision.