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This investigation was initiated as a result of a complaint concerning the Ministry of Community and Social Services (the Ministry).
The complainant is an employee of a facility operated by the Ministry. Another employee at the facility initiated a grievance proceeding against the Ministry, stating that administration and management had been discriminating against him and harassing him at his workplace.
A hearing was held before the Grievance Settlement Board (the GSB). The complainant, who was not a party to the grievance, was subpoenaed by the griever to attend this hearing. At the GSB hearing, the first witness to testify on behalf of the griever was a representative of the union to which the griever belonged.
During cross-examination, the witness was asked by the Ministry's counsel (the Counsel) if the complainant had been convicted of mischief for a certain reason. The witness responded affirmatively. The Counsel had been advised of this information by management's representative. At a subsequent GSB hearing regarding the same matter, the Counsel again asked a witness about the complainant's criminal conviction. The witness confirmed that the complainant had been convicted.
The complainant was concerned that the management representative, who was the Assistant Administrator at the facility where the complainant was employed, had accessed his personnel file prior to the GSB hearing, without his knowledge or consent. The complainant was also concerned that the disclosure of his personal information by the Assistant Administrator to the Counsel and the disclosure of the criminal conviction information by Counsel at the GSB hearing was contrary to the Freedom of Information and Protection of Privacy Act (the Act).
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