OPSEU (Green-Espinal et al) v Ontario (Ministry of the Solicitor General) 2024 (ONGSB)

These grievances were filed by two female Correctional Officers employed at the Toronto South Detention Centre (“TDSC”) who provided programming to inmates being held in TDSC’s segregation unit. The grievors alleged that while working under their manager, Sargeant Bazger, he made a series of intimidating, belittling and demeaning comments towards them on a near-daily basis. The grievors alleged that his incessant comments constituted harassment and bullying, creating a toxic work environment for them both. The Employer argued that Sargeant Bazger’s management style may have been “firm”, but that his conduct never crossed the line into harassment or bullying. In this decision by Arbitrator Adam Beatty, the Grievance Settlement Board (the “Board”) allowed the grievances, finding that Sargeant Bazger’s treatment towards the grievors was objectively insulting, derogatory and poisoned their work environment. In light of these findings, the Board held that Bazger’s conduct met the criteria of workplace harassment and bullying as defined in the parties’ collective agreement, Ontario’s Occupational Health and Safety Act, and the Board’s jurisprudence. Arbitrator Beatty remitted the matter of remedy back to the parties and has remained seized if no agreement is reached.