HomeMy WebLinkAbout1989-0361.Singh.89-11-30 ' ONTARIO EMPLO¥~:S DE LA COURONNE
; '~' CROWN EMPLOYEES DE L'ONTARIO
GRIEVANCE C,OMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST, TORONTO. ONTARIO. M5G 1Z8- SUITE 2100 TELEPHONE/Tf~L~PHONE
'fSO, RUE DUNDAS OLIEST, TORONTO, {ONTARIO) MSG 17.8- BUREAU 2100 (418)598-0688
361/89
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Between:
OPSEU (Paul Singh)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Transportation)
Employer
Before:
M.R. Gorsky Vice-Chairperson
S. Urbain Member
A. Merritt Member
For the Grievor: K. Whitaker
Counsel
Ryder, whitaker, Wright and Chapman
Barristers & Solicitors
For the Employer: M. Failes
Counsel
winkler, Filion and Wakely
Barristers & Solicitors
BOARD ORDER
The griever, Paul Singh, a Systems Clerk, employed by the Ministry
of Transport, filed a grievance, claiming that he had "been
unjustly dismissed by (his) employer on April 14, 1989" and
requested that he "be reinstated immediately with full benefits,
seniority and any money lost."
At the opening of the hearing counsel for the parties informed the
Board that the grievance had been settled and requested that we
issue an Award evidencing the settlement and that the Award set
out the Minutes of Settlement which are as follows:
Minutes of Settlement
BETWEEN:
Paul Singh
the "Employee"
- and -
The Crown in Right of Ontario (Ministry of Transportation)
.the "Employer"
- and -
OPSEU
The parties agree to resolve the grievance dated April 14, 1989
and the dismissal of the Employee as follows:
- 2 -
The parties wish these Minutes of Settlement to be made an Order
of the Grievance Settlement Board.
1. The Employee agrees to withdraw his grievance dated April 14,
1989;
2. The Employer agrees to withdraw the letter of April 14, 1989
from David Hobbs to the Employee;
3. The Ministry agrees to reinstate the Employee within one week
of the Employee providing a satisfactory medical certificate
as set out in paragraph 4. The reinstatement shall be
without compensation or benefits for the period from the date
of dismissal until the date of reinstatement but shall also
be without loss of seniority;
4. The Employee shall provide the Employer with a medical
certificate indicating that the Employee is fit to assume the
full duties and responsibilities of the position and can
attend work on a regular, full-time basis in the future.
This certificate shall be provided within fourteen days of
the date of the agreement;
5. The parties agree that the Employee shall not have an
absenteeism rate (inclusive of all days absent except
vacation) which exceeds 1i in any 12 month period. This term
shall remain in force for two years from the date of
reinstatement and if the.Employee breaches this term, he
shall be subject to discharge;
6. The parties agree that if the Employee breaches this
agreement that the Employee'shall have no recourse to the
grievance procedure or to arbitration except to determine
whether the terms of this agreement have been breached. If
the terms of this agreement have been breached, the
arbitration board shall have no jurisdiction to vary specific
penalty of discharge as agreed to by the parties;
7. The Employee is entitled to the benefits.
provided by the Supplementary Health and
Hospital Plan from the date of the
dismissal until the date of reinstatement
if the Employee's coverage has not been
cancelled by the Employer for this.
period. This paragraph modifies
paragraph 3. This refers only to
benefits which the Employer would be
entitled to under the plan.
As requested by the parties, the above minutes of settlement are
hereby made an order of the Board.
DATED at Toronto, Ontario this 30th day of November, 1989.
M.R. Gorsky, Vice-Chairperson
S. Urbain, Member
A. Merritt, Member