April 20, 2006
Terms of Settlement
The settlement sets out the following commitments:
- The Respondent TTC agrees to place the complainant in a shift supervisor position on a nine-month secondment in accordance with its policies beginning as early as November 14, 2005 and no later than November 28, 2005. Subject to the approval of the Union (such approval to be obtained by the complainant prior to the commencement of the secondment – specifically that the Union will waive its existing 3 month limitation on secondments), the complainant may return to his position as dispatcher with rotating shifts, within the bargaining unit, with full seniority upon the completion of the secondment. The Respondent TTC further agrees that it will provide the complainant with appropriate orientation and training to enable him to effectively perform the duties required in the shift supervisor position.
- The Respondent TTC agrees that if a permanent shift supervisor position arises while the complainant is in the seconded position, nothing in this agreement precludes the complainant from applying for the permanent position. The Respondent TTC also agrees that if the complainant applies for a permanent shift supervisor position on or before August 22, 2006, the Respondent TTC will establish an interview and selection team for this position through consultation with the complainant and the other applicants, on a one time only without prejudice basis.
- The Respondent TTC has an existing policy designed to remove any potential systemic barriers to fairness in job opportunities at the TTC, whether they be promotions, transfers, secondments or temporary assignments. It agrees to review and potentially amend that policy in light of these Minutes. A letter confirming that this review has been completed shall be provided to the Commission no later than 12 months from the date of the execution of this agreement.
- The Respondent TTC agrees to implement a self-identification survey of all employees. The purpose of this survey is to assist (by way of providing information) in identifying if there are systemic barriers to equality of outcomes in any aspects of employment and assist in ensuring fairness to all at all levels of employment.
- The Commission agrees to provide the TTC with the name or names of entities that may assist the TTC in the preparation and implementation of the above survey. Upon receiving the name or names from the Commission, the TTC agrees to retain one or more of these entities or some other entity experienced in the area, at its own cost and its own determination of the nature of the retainer, to facilitate the implementation of the survey. The self-identification survey shall be completed by no later than 12 months from the date of the execution of this agreement. A letter confirming that the survey has been completed shall be provided to the Commission.
- The Respondent TTC shall notify and educate all employees prior to implementing the survey as to its purpose. This will include a reference to the benefits of a diverse workforce and human rights legislation. This notification/education of all employees regarding the survey and the benefits of a diverse workplace and human rights legislation shall be completed by no later than 12 months from the date of the execution of this agreement. A letter confirming that this information has been provided to the employees shall be provided to the Commission.
- The Respondent TTC shall make publicly available the results of its self-identification survey within 60 days of the completion thereof.
- The Respondent TTC agrees that its human rights and human resources departments will continue to conduct a mandatory human rights training program for all staff who are or may be involved in hiring, on the proper interviewing techniques that are needed to facilitate bias-free selection. The training program shall be ongoing. A letter confirming that this training is ongoing shall be provided to the Commission.
- The Respondent TTC has a list of trained employees that includes members of different races and places of origin as well as other designated groups (women, individuals with disabilities, aboriginal persons) who would be made available to participate on selection/hiring committees. The TTC shall use selection committees comprising of individuals from this list, and ensure that these selection committees are diverse in their composition unless it is impossible to do so. A letter confirming that this list exists shall be provided to the Commission.
- The TTC agrees that it will continue to consider qualified persons for all positions, whether they are full-time, part-time, acting or indeterminate positions, regardless of their race, colour or place of origin or any other ground protected by the Code.
- The Respondent TTC shall make known to all employees its career development policy, including its mentoring program for employees interested in seeking promotional opportunities. The Respondent TTC agrees that its mentoring program will include a component focused on mentorship of employees who are visible minorities or otherwise protected by the Code. A letter confirming that its career development policy has been made known to all employees and that the mentorship program includes a component focused on mentorship of employees who are visible minorities or otherwise protected by the Code shall be provided to the Commission.
- The Respondent TTC agrees to ensure that all job postings will include clearly defined objective qualifications and criteria. The TTC agrees to ensure that all objective qualifications and criteria are met before employing any discretionary considerations in hiring.
- The Respondent TTC agrees to clearly indicate on all job postings that the TTC are an “equal opportunity employer and encourage applications from qualified Aboriginal people, people with disabilities, racial minorities, and women”, as it does now.
- The complainant agrees that this settlement is a full, final and complete settlement of all claims existing up to the date hereof arising out of or in any way relating to the matters giving rise to the complaints. The TTC will remove all disciplinary notes and negative documentation from the personnel file of the complainant relating to the suspensions in June 2000 and January 2001.
- It is understood and agreed that the Respondents by entering into this agreement do not admit any violation of the Ontario Human Rights Code. It is further understood and agreed that the complainant does not retract any of his allegations.
- It is understood that the Commission, by entering into this agreement is not estopped, prohibited, or barred from exercising, and does not relinquish, its statutory rights and obligations with respect to future complaints under sections 32, 33, and/or 43 of the Human Rights Code.
- The parties agree to execute and file with the Human Rights Tribunal of Ontario a Form 3 “Confirmation of Full Settlement” and consent to an Order of the Human Rights Tribunal of Ontario disposing of the proceeding in accordance with the terms of this