HomeMy WebLinkAbout2012-1931.Egesi.14-05-26 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2012-1931
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Association of Management, Administrative and
Professional Crown Employees of Ontario
(Egesi) Association
- and -
The Crown in Right of Ontario
(Ministry of Finance) Employer
BEFORE Bram Herlich Vice-Chair
FOR THE UNION James K. McDonald
Sack Goldblatt Mitchell LLP
Barristers and Solicitors
Counsel
FOR THE EMPLOYER Peter Dailleboust
Ministry of Government Services
Legal Services Branch
Counsel
SUBMISSION May 9, 2014
- 2 -
Decision
[1] In a decision dated December 12, 2013 in this matter, I allowed the dispute (in part)
AMAPCEO had filed on behalf of the Complainant, challenging her discharge. I directed that the
Complainant be reinstated to her former position without loss of seniority or benefits. A 20-day
suspension was substituted for the discharge. In all other respects, the reinstatement I ordered
was to be without compensation. I remained seized in the event the parties encountered any
difficulty in the implementation of my award.
[2] By letter dated May 9, 2014, AMAPCEO counsel has advised that the parties have
encountered an issue regarding the implementation of my award and asks, on behalf of the
parties, that I provide answers to four enumerated questions. Counsel also advises that, unless I
require further submissions, the parties are content to have me provide the answers to their
questions. I am prepared to do so.
[3] The Complainant was discharged from her employment on June 13, 2012 and, as
indicated, was reinstated pursuant to my award dated December 12, 2013. The questions the
parties pose all relate to the period of some 18 months from the date of termination to the
reinstatement. The period has been referred to (for purposes of convenience, if not pristine legal
accuracy) as the “leave of absence”.
[4] The questions, which I need not set out in detail here, relate to the quantification and
application of continuous service for the purposes of vacation entitlement and accrual;
entitlement to “Compensation Option Credit” or “COC” days and, finally, accrued service for
pension purposes.
[5] Neither is it necessary for me to review the collective agreement provisions in any
detail. It is sufficient to observe that the quantum of certain service based entitlements may be
affected by prolonged absences from the workplace. In that regard, there is no dispute between
the parties that an employee on an unpaid leave of absence under the collective agreement would
not be entitled to any of the benefits or advantages that are the subject of the parties’ questions.
- 3 -
[6] I can answer all of the parties’ questions quite simply as follows: my award was not
intended to and does not place the Complainant in a more favourable position than would be an
employee on an extended leave of absence without pay under the collective agreement. In other
words the answer to all of the parties’ questions is NO.
[7] I should perhaps qualify and clarify this answer somewhat in relation to the last of
the parties’ questions (which relates to pension issues). Some portions of this last issue might be
best addressed to the appropriate pension authority. However, even assuming it is thereby or
otherwise determined that Ms. Egesi is entitled to accrue service for pension purposes during her
period of absence, there is nothing in my award which would obligate the Employer to make any
contribution to the Plan in respect of the period of absence in question.
[8] I trust the foregoing is adequately responsive to the parties’ questions. I continue to
remain seized in the event any further or other implementation difficulties are encountered.
Dated at Toronto, Ontario this 26th day of May 2014.
Bram Herlich, Vice-Chair