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CROWN EMPL 0 YEE5 DE L 'ON TARtO
GRIEVANCE C,OMMISSlON DE
SETTLEMENT REGLEMENT
.BOARD DES GRIEFS
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84'7/89
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINXNG ACT'
Before
THE GRIEVANCE SETTLEMENT
BETWEEN
OPSEU (Johnson)
- and -
The Crown in Right of Ontario
(Ministry of Community & Social Services)
Employer
BEFORE: S. Stewart Vice-Chairperson
E. Seymour Member
D. Montrose Member
-FOR THE I. Roland
GRiEVOR Counsel
Gowling, Strathy & Henderson
Barristers & Solicitors
FOR THE S. Patterson
EMPLOYER Counsel
Legal Services Branch
Ministry of Community & Social Services
~EARING October 23, 1991
.DECISION
Following the Board's decision in this matter dated
March 8, 199I, a hearing was convened to deal with issues
of implementation. At the hearing, the parties were able
to resolve-the matter, in accordance with the agreement of
the parties, the terms of the Memorandum of Settlement
between the parties which are attached hereto hereby
constitute an order of the Board and we will remain seized
with respect to the implementation of the agreement of the
parties.
Dated at Toronto, this 4th day of November, 1991
$. b. Stewart - Vice-Chairperson
E. Seymour - Member
D. C. Montrose- Member
GSB S47/89
OPSEU 89DO94
IN THE MATTER OF AN ARBITRATION
UNDER
THE CROWN EMPLOYEES [COLLECTIVE] BARGAINING ACT
BEFORE
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Johnson) Grievor
and
The Crown in Right of Ontario Ministry/Employer
(Ministry of COmmunity & Social Service)
MEMORANDUM OF SETTLEMENT
The parties hereby settle all matters arising out the
decision of the GSB dated March 8, 1991 on the following
terms:
(1) The Ministry shall pay $65,OOO, less
, mandatory deductions, as soon as possible but
3
in any event within 60 days of the date of
this memorandgm of settlement, to Devon
Johnson.
(2) The Minis.try shall pay $34,OOO, less
mandatory deduction~, in 1992 and no 'later
than January 10, 1992, to Devon Johnson.
(3) The Ministry agrees that Devon Johnson shall
not be responsible ~for the repayment of UIC
or welfare benefits received by him in 1989,
1990, and 1991 which may arise as a result of
the severance payments set out. in paragraphs
1 and 2. Such' benefits are not "mandatory
deductions" for the~urpose of ·paragraphs 1
and 2.
(4) Devon Johnson's employment with the Ministry
as a Youth Service officer (unclassified
staff) shall continue until December 31,
1991, but he shall not attend at work and he
shall not receive any pay or benefits
whatsoever (excluding paras 1 and 2)
to December 31, 1991 at which time his employment
shall cease.
4
(5) Devon Johnson hereby irrevocably resig~ns his
employment wit. h the Minis'try effective
December 31, 1991.
(6) Devon Johnson agrees that he shall not
hereafter apply for employment at any
directly operated Young Offender facility of
the Ministry.
(7) The Ministry agrees to forthwith provide a letter of
reference to Devon Johnson in the form and wording
set out in Appendix "A" attached hereto.
(8) Devon Johnson will use Jim Kuhn as a
reference with respect to his employment with
the Ministry, and any references given by Jim
Kuhn concerning Devon Johnson shall be.
consistent with Appendix "A".
(9) Devon Johnson agrees to sign and complete any
Ministry documents and forms necessary to
carry out the terms of this Memorandum,of
Settlement.
DeMon Johnson agrees to sign a release form
of the Ministry acknowledging that this
5
Memorandum of Settlement constitutes a full
,and final release of .all claims, a~tions,
causes of action, grievances, complaints etc.
arising out of his employment and the
termination of his employment with the
Ministry.
(11) This Memorandum of Settlement shall be made
an order of the Grievance Settlement Board
and the Board shall remain seized with
respect to the implementation of this
Memorandum of Settlement.
Dated at Toronto this 23rd day' of October, 1991.
"D. Johnson"
Devon Johnson
"lan Roland" for
OPSEU
"[Illegible]"
For Ministry of Community
and Social Services
6
APPENDIX "A"
To Whom It May Concern
Mr. Devon Johnson has been employed at York Detention
Centre as'a Youth Service Officer II, on a contract basis,
from May 1987 to December 31, 1991.
During his employment, Mr. Johnson was responsible for
the care, custody and control of young offenders in a
secure residential facility. His duties included
monitoring and supervising resident activities,
counselling, and ensuring the safety and security of
clients in his care.
Mr. Johnson performed the above duties in a
satisfactory manner'. He has, on occasion received praise
in the pgrformance of' his duties.
We would like to convey our best wishes to him in his
future career endeavours.
DATE - Oct 23/91
Jim Kuhn
(A) Superintendent