PSGB# P-2019-1891

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Lessel, K.

Complainant

• and -

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

Employer

BEFORE

Marilyn A. Nairn

Vice Chair

FOR THE COMPLAINANT

Self Represented

FOR THE EMPLOYER

Peter Dailleboust Treasury Board Secretariat Legal Services Branch Senior Counsel

Interim Decision

1By decision dated December 21, 2020, it was determined that this complaint could proceed on the sole basis that it alleged a violation of the Ontario Human Rights Code (the “Code”). The complainant is employed by the Crown within the Ministry of the Solicitor General (the “Employer” or “SOLGEN”] and works in correctional services.

2This complaint and five others were held in abeyance pending the hearing of a similar seventh complaint. As noted in the Board’s Interim Direction dated September 9, 2021, Board File #2019-2026 has now been closed and no decision was rendered. The Employer advised that it was prepared to make available certain production to the Complainant; production that had been made in respect of Board File #2019-2026. The Complainant provided the usual and appropriate undertaking not to disclose or use that material for any purpose other than the proper conduct of this litigation. The Board has since confirmed that that material has been provided to the Complainant.

3The Complainant has alleged that the Employer acted in violation of the Code by discriminating against her in ultimately denying her a merit increase for the performance year at issue. The onus rests with the Complainant to establish her claim. It is incumbent on the Complainant to provide particulars as to the basis for her allegation, including identifying the prohibited ground(s) relied on for asserting that the Employer discriminated against her and thereby violated the Code.

4While the Complainant has outlined their complaint in their Form 1 already filed, the Complainant is hereby directed to provide particulars as to the specific allegation that the Employer discriminated against them in violation of the Code. Those particulars must include the identification of the specific prohibited ground(s) relied on under the Code, as well as any assertions of fact (the “who, what, when, where”) relied on by the Complainant in asserting that they were discriminated against in violation of the Code. Those particulars are to be provided in writing to the Board with a copy to Employer counsel by no later than Friday, October 29, 2021.

5Upon receipt of those particulars, the Board will determine next steps, including whether it is appropriate to deal with any preliminary objections of the Employer.