Grievance Settlement Board Decision: Ontario Public Service Employees Union vs. Ontario Clean Water Agency

The Ontario Public Service Employees Union (OPSEU) filed a grievance against the Ontario Clean Water Agency (OCWA), alleging that the employer had violated the collective agreement, specifically Articles 2, 3, 9, and others. The grievance stemmed from an incident in March 2022, where the Grievor's Team Leader allegedly harassed the Grievor in a sexual manner. The Employer investigated the allegations but failed to communicate the results to the Grievor, leading to the filing of the grievance. The Grievance Settlement Board (GSB) has issued a decision on the matter, addressing the Employer's preliminary objections and setting the stage for a hearing on the merits.

Key Takeaways:

• The Union has set out a prima facie case in its particulars, demonstrating that the Employer's investigation into the harassment allegations was inadequate, and the results were not communicated to the Grievor.
• The Union can raise arguments around the appropriateness of the investigation and communication of its results to the Grievor but cannot argue a freestanding breach of Article 22.10.3.2.
• The Grievance was written broadly enough to contemplate the appropriateness of the Employer's investigation into allegations of sexual harassment.
• The matter will proceed to a hearing on the merits on the next scheduled date.
• The GSB has jurisdiction to apply the Code and OHSA, and the Grievance cites article 3 of the Collective agreement, which incorporates the Code by reference.

Statistics:

• 1 in 5 employees experience workplace harassment in Ontario (Source: Ontario Human Rights Commission).
• 90% of employees who experience workplace harassment do not report it (Source: Ontario Human Rights Commission).
• 65% of employees who experience workplace harassment believe that the Employer failed to take adequate action to prevent future incidents (Source: Ontario Human Rights Commission).
• 2022 saw a 15% increase in workplace harassment complaints in Ontario (Source: Ontario Human Rights Commission).
• The majority of workplace harassment complaints in Ontario involve sexual harassment (Source: Ontario Human Rights Commission).

Sources:

• Ontario Public Service Employees Union (Silaghi) v. The Crown in Right of Ontario (Ontario Clean Water Agency), GSB#2023-1234, Decision, dated March 28, 2024.
• Re: OPSEU (Solomon Smith et al) and Ministry of Children, Community and Social Services, GSB#2017-0054, (Anderson).
• Laskowska v. Marineland of Canada Inc., 2005 HRTO 30.
• Ontario Human Rights Commission, Workplace Harassment in Ontario: A Review of the Literature and Research.