Harassment Arbitration Hearing Should Be Open To The Public, Including The Press, Arbitrator Rules

A police union's harassment grievance arbitration hearing should be open to the public, including the press, despite the sensitive issues that it raised, a labour arbitrator has ruled. The case illustrates the publicity risk that employers face in many workplace disputes, and the need for employers to consider publicity when analyzing litigation risk.

The grievance alleged that the police services board failed to provide a harassment-free workplace to its civilian members. The issues had resulted in two workplace investigations that had not resolved the dispute.

The arbitrator noted the general requirement, under the Statutory Powers Procedure Act, that a hearing be open to the public. The police board argued that the press should be excluded.  Two officials with the police force, who were "interested parties" at the arbitration, argued that the hearing should be held in camera – that is, closed to the public and the media.