
2010 PSLRB 70
Suspension (15 days) – Demotion – Harassment complaint – Jurisdiction – Credibility – Breach of the duties of transparency, diligence, prudence and impartiality – Remedy – Compensatory damages – Punitive damages
The grievor was a manager – he was the subject of a harassment complaint – the Deputy Head conducted an investigation into the complaint and the work climate in the unit managed by the grievor – following the investigation, the Deputy Head imposed a 15-day suspension on the grievor and an indeterminate reassignment to duties at a lower level in another workplace with salary protection until he accepted a remedial action plan – the grievor filed grievances against the measures and asked for damages – after the grievances were referred to adjudication, the Deputy Head replaced the suspension with a letter of reprimand – the Deputy Head objected to the jurisdiction of an adjudicator – the adjudicator concluded that the substitution of a letter of reprimand for the suspension after the disciplinary measure was referred to adjudication did not deprive her of jurisdiction – the adjudicator also concluded that she had the jurisdiction to address the grievor’s reassignment because it constituted a disciplinary demotion – she concluded that there were no grounds for the harassment complaint and that the measures imposed on the grievor were not justified – the adjudicator also found that, in handling the complaint, the Deputy Head breached its duties of transparency, diligence, prudence and impartiality – the adjudicator reinstated the grievor in his management position and awarded him compensatory and punitive damages.
Grievances allowed.
Jurisdiction retained over the assessment of the damages.