Arbitrator Rules NDP Staffer Unfairly Fired After Accusing MPP of Harassment

August 12, 2024 TruthUSA

An Ontario NDP staffer who lost her job after complaining about workplace harassment was unjustly terminated, says a provincial arbitrator.

The constituency assistant in the Elliot Lake office of Algoma-Manitoulin MPP Michael Mantha had alleged in 2022 that Mantha engaged in workplace sexual harassment.

Arbitrator Jasbir Parmar addressed two separate grievances brought on the woman’s behalf by the Canadian Office and Professional Employees Union (COPE). The first, responding to her allegations of workplace harassment from Mantha, claimed there had been a failure to uphold a safe working environment.

The union’s second grievance, filed this year, claimed she was dismissed without just cause. The Ontario New Democrat Caucus removed Mantha in 2023. Earlier this year, it sent the woman a termination letter saying that since Mantha no longer held an elected seat for the NDP, her role “no longer fell within the purview of the collective agreement.”

In her Aug. 8 arbitration decision, Parmar found that the woman’s dismissal breached the Labour Relations Act.

“The Grievor’s employment with the ONDP Caucus was frustrated, through no fault of her own, following the removal of MPP Mantha from the ONDP Caucus based on the substantiated findings that he had engaged in sexual harassment … in relation to the Grievor during the period of her employment,” Parmar wrote.

Findings

Her decision also details in depth the findings of an investigation into the harassment allegations that was conducted on behalf of the NDP caucus. Ontario New Democrat Leader Marit Stiles announced last August that Mantha had been permanently removed from the caucus and that workplace misconduct by Mantha had been substantiated by multiple witness interviews and video evidence.

The NDP retained Mireille Mortimer of Mortimer Khoraych Workplace Investigations to look into the allegations involving Mantha, but until now no further information related to the case had been shared with the public.

In her arbitration decision, Parmar says the Mortimer report concluded that, “on a balance of probabilities,” the allegations of harassment and a toxic workplace had been substantiated.

Although the investigation findings have not been tested in court, Parmar wrote in her report that both the NDP caucus and the union “accepted the findings of the Mortimer Report.”

“I have not been asked to make any factual findings regarding the harassment allegations,” wrote Parmar. “However, the Mortimer Investigation’s conclusions are relevant to the issues raised in the termination grievance and the circumstances by which the Grievor’s employment with the ONDP Caucus came to an end.”

The investigation found Mantha had pressured the female staffer for “sexual interactions” and asked her to submit to hugs regularly.

The Mortimer probe also concluded he had pressured her to work from the office more often “so that he could physically have access to her and continue his practice of sexually touching her.”

Mantha, who currently sits as an Independent MPP, said the past two years “have been very challenging” but that it is “time to move past this matter.”

“While I disagree with some of the characterizations made, on the advice of my legal counsel I will not be commenting further at this time,” he said in an emailed statement.

“It is my honour to represent the people” of Algoma-Manitoulin, he wrote, adding “I will fulfil my role as member of provincial parliament for the remainder of this term and leave the decision on my future in the hands of voters in Algoma-Manitoulin.”

The Ontario NDP could not be reached for comment prior to publication.

On the matter of remedy, the arbitrator wrote that, “on the joint request of the parties in the event of such a conclusion,” she was sending both the employment and workplace harassment grievances back to the two sides to settle, saying she would intervene if they were unable to resolve them.

Source link