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Queen's University
 

 The 2007 Orders

1. Orders as to the Devlin Report ordered by the Board in 1998
i. Implement the recommendations of The Devlin Report
ii. Assess the necessity of an Aboriginal issues advisor
2. Orders as to Evaluations
i. Alter evaluation forms to reflect the compliance of senior management
3. Orders as to Deputy Minister's Responsibility
i. Educate staff and management about these orders
ii. Create and implement a transparent system to track compliance with the orders
iii. Transmit relevant information to all parties (in this case) and provide executive summaries of the third party consultant's reports to Minister
4. Order as to Flawed Investigations
i. Expunge the findings of flawed ministerial investigations and substitute the findings of the Tribunal
5. Orders as to Communications with Staff
i. transmit to staff the message that Mr. McKinnon is not the problem in this case and that to continue to circulate the opposite message is ground for disciplinary action
ii. Supply to all employees a copy of Lancaster's summary of the 1998 and 2002 cases
6. Orders as to External Investigations
i. No external investigator shall recommend remedies or disciplinary action but may provide recommendations for systemic action
ii. Any non-human rights related investigation against McKinnon or his wife that are perceived as reprisals are to be carried out by external investigators
7. Orders as to Monitoring
i. The Ministry's Workplace Effectiveness Branch shall establish a province-wide tracking system (for human rights policy, complaints, and grievances)
ii. That this Branch keep the complainant aware of all human rights issues that might affect his well-being or that of his wife
iii. If the complainants become the respondents of a human rights complaint within the ministry, they have the right to speak directly with the Deputy Minister if unsatisfied with the normal procedures
8. Orders as to Training
i. Enforce the mandatory human rights training requirements of management and staff
ii. All persons in positions of authority must receive this training so that they are aware of the necessity to respond to human rights complaints swiftly and efficiently
9. Orders Specific to the Complainant as to Non-monetary Matters
i. The complainant and his wife have the option of participating in delivery of training programs and/or working within the Workplace Effectiveness Branch; must therefore be provided with descriptions of training and jobs.
ii. Training and advancement opportunities to be offered to complainant and wife upon return to work
iii. Complainant and wife may choose, pending the implementation of orders,
a) to remain on paid leave
b) to return to work on a graduated basis
iv. Make it so that the complainant and his wife never have to work with or under two individuals (Duncan and Mooney) responsible for much of the specific harassment
10. Orders regarding General Damages and Damages for Mental Anguish.
i. Pay Complainant 10, 000 in damages for mental anguish
ii. Pay general damages to complainant in an amount to be determined
iii. Make submissions as to damages for the wife of McKinnon
11. Orders as to Compensation for Specific Losses
i. Compensate complainant for overtime pay at a management level (for work done during a strike), merit-pay at "exceeds" for a period to be determined, and any other loss identified by the parties or independent reviewer
ii. Reimburse complainant and wife for union dues (since they were forced by the situation to remain part of the union, for protection, while serving as managers)
iii. Upon return to work, the complainants are to be provided with top-ups to sick leave pay and/or long-term sickness protection if they are forced to take leave due to matters related to this case
iv. Post-judgment interest to be paid on all damages
v. Pre-judgment interest to be paid on special damages and monetary losses
vi. Special damages payment adjusted to compensates for loss due to income tax now versus when it should have been paid
12. Orders as to Independent Reviewers
i. An Independent reviewer, chosen by the Ministry and approved by the complainant, will calculate the monetary value of acting-position and training-position opportunities lost to the complainant and the Ministry will pay this amount to the complainant
ii. The Independent reviewer will oversee all other compensation issues

Kingston, Ontario, Canada. K7L 3N6. 613.533.2000