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Ontario Public Service

Job competition so flawed, vice chair orders rare remedy

During the summer of 2007, the Ministry of Labour, specifically the Office of the Worker Advisor, posted new positions and ran a competition. The Union and individual members filed grievances about this competition, alleging that it was so flawed that it ought to be re-run.

On June 15, 2010 Vice Chair Nimal Dissanayake issued his decision. His ruling ordered two of the grievors to be immediately placed into the contested positions with retroactive remedy and a re-run of the competition for the other grievors. Vice Chair Dissanayake notes in his decision that, “It is simply mind-boggling that the selection panel in this case received specific advice to adopt the very process that had been repeatedly disapproved in a long line of Board decisions. And later in his award, he writes, “All four grievors were subjected to the same flawed process.”

Fortunately for our members who had been successful in 2007 and working in these positions for three years, and for our grievors an amicable settlement was achieved for everyone without the necessity of disrupting anyone’s position.

It was acknowledged during the hearing that the employer had not complied with the standards as set out by the GSB and yet it still took three years, thousands of dollars and a major disruption to that workplace before the problem was fixed.

We can only hope that they get it right the next time.

Download the full decision