Arbitrator Jasbir Parmar has ruled that the termination of an Ontario New Democratic Party (ONDP) staffer was not based on just cause, but rather due to circumstances beyond her control, following claims of sexual harassment against her former supervisor, MPP Michael Mantha.
The ruling, delivered after a thorough investigation, has been returned to both parties to resolve the issue of remedy.
The case revolves around two grievances filed on behalf of the woman in the proceedings. The first grievance, filed on Nov. 29, 2022, alleged that the ONDP Caucus had failed to maintain a workplace free from harassment and discrimination, contrary to the collective agreement, the Human Rights Code, and the Employment Standards Act.
The second grievance, filed on Jan. 26, 2024, contested her termination, arguing that it was without just cause and sought her reinstatement.
The Grievor, who had worked as a Constituency Assistant in MPP Mantha’s office in Elliot Lake, Ont., since January 2015, raised concerns about workplace safety in August 2022 and subsequently went on a paid leave of absence. The harassment allegations against Mantha led to an independent investigation conducted by Mireille Mortimer of MortimerKhoraych Workplace Investigations.
The Mortimer Investigation
The Mortimer Investigation, which spanned several months and included interviews, document reviews, and the examination of video and text evidence, concluded that the Grievor had been subjected to repeated incidents of sexual harassment and workplace harassment by MPP Mantha. These included non-consensual sexual advances, unwanted physical contact, and persistent pressure to engage in inappropriate behaviour.
“MPP Mantha requested that the Grievor send him sexually explicit photos of herself, advise him of any sexual dreams about him, and made comments about her appearance, including her makeup, hair, and clothes,” the ruling stated.
In response to these findings, the Ontario NDP Caucus removed MPP Mantha from its ranks in April 2023, a move that was publicly confirmed by party leader Marit Stiles. Following the final report of the Mortimer Investigation, which substantiated the harassment claims, the the NDP made Mantha’s removal permanent in August 2023.
The Ontario NDP Caucus subsequently issued a termination letter to the Grievor in January 2024, stating that her employment had been effectively terminated in April 2023, when Mantha was removed from caucus. The letter argued that the Grievor’s position was no longer viable within the COPE bargaining unit due to the absence of nearby constituency offices and the lack of meaningful work available to her within the unit.
Union challenges termination
However, the Union representing the Grievor filed a grievance challenging this termination, arguing that it was unjust and in contravention of the collective agreement, as well as various legislative protections. The grievance sought her reinstatement along with compensatory damages.
In the ruling, Arbitrator Parmar acknowledged the grievous nature of the harassment substantiated by the Mortimer Investigation, but concluded that the Grievor’s employment was not terminated due to her own actions. Rather, it was a result of the frustration of her employment contract following the removal of Mantha from the ONDP Caucus. Parmar ruled that this frustration was “through no fault of her own” and that the termination could not be considered just cause.
The arbitrator has remitted the issue of remedy to the parties, with the expectation that they will negotiate a resolution in light of the ruling. Parmar will remain available to intervene if the parties are unable to come to an agreement regarding appropriate compensation or other remedies.
For more information, see Ontario New Democratic Party Caucus v Canadian Office and Professional Employees Union, Local 343, 2024 CanLII 74335 (ON LA).
