Lessel, P. v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2021 CanLII 95127

PSGB# P-2019-1892

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Lessel, P.

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.

2A total of ten complaints, including this complaint, were filed with the Board by persons employed in excluded positions in corrections and were consolidated for hearing for the purpose of dealing with the Employer’s preliminary objection that the Board had no jurisdiction to entertain the complaints. Following release of the Board’s decision dated December 21, 2020, three complaints were dismissed.

3Of the remaining seven complaints, each allege a violation of the Code or allege that the Employer acted in violation of a prohibited ground referenced in the Code. In each case, the Employer took the position that the complaint did not make out a prima facie case for the remedy requested. Board File #2019-2026 proceeded first. The remaining six complaints were held in abeyance by the Board. Board File #2019-2026 has now been closed and no decision was rendered.

4The Board is aware that the Employer provided certain production in respect of Board File #2019-2026. I therefore direct the Employer to advise the Board, by no later than Thursday, September 23, 2021 as to whether it objects to providing such production to the Complainant in this matter. Subject to the Employer’s response, the Board will then determine next steps in addressing this complaint.