HomeMy WebLinkAbout1990-1938.Jelinek.97-11-14 ONTARIO EMPLOYES DE t.A COURONNE
CROWN EMP~ I;E I.'ONTARIO
GRIEVANCE COMMISSION DE
SETTLEMENT R~-GLEMENT
BOARD DES GRIEFS
f~? OI./NZ2.4~ $1'RE'ET'H/E'$1~, $l..1197E ~2, I'OFIOAO'O ON ~ ~ ~HONEff~HONE : (416)
I~, RUE DUN~ OUE$~ ~R~U ~, ~RO~O ~ ~ 1~ F~IMI~COPIE : (41~) ~-
GSB ~ 1938/90
OPSEU ~ 90D974
IN THE ~TTE~ OF ~ ~BIT~TION
Un,er
Before
THE GRIBV~CE SETTLEHENT BOARD
BE~EN
OPSEU (~el inek)
Gr~evor
the Cro~ in Rich2 o~ Ontario
(Ministry of Co.unity & social Se~ices)
Employer
BEFORE J.E. Emrich Vice-Chair
FOR THE R. Blair
UNION Counsel
Ryder, Wright, Blair & Doyle
Barristers & Solicitors
FOR THE B. Fukuzawa
EMPLOYER Counsel
Legal Services Branch
Management Board Secretariat
HEARING November 14, 1997
INTRODUCTION
The award in this matter was released on December 20, 1993. The grievor was
reinstated to his position as a probationary Unit Clinical Coordinator at Syl Apps Youth
Centre in Oakville with compensation conditional upon successful completion of his
probationary period. The parties asked the matter to convene before me as sole arbitrator in
respect to an outstanding compensation issue. At the hearing this issue was resolved. At the
request of the parties, the terms of the resolution are to be incorporated as the Order of the
Board. The terms are as follows:
Whereas the grievor, Mr. J. Jelinek, was awarded damages in respect of lost
wages and benefits arising from his termination pursuant to an Award of the
Grievance Settiement Board dated December 20, 199:3;
And Whereas the payment of damages resulted in additional tax liability for the
grievor for the years 1994 and 1995, on which interest and penalties accrued;
And Whereas the Employer agreed that it would pay a "gross up" of the
damage amount to reflect additional tax liability in accordance with the
decision of the Grievance Settlement Board in the case of Grinius, GSB
#1495/89;
And Whereas the grievor incurred other losses and costs, including the loss of
contributions to the Canada Pension Plan during the period that he was
unemployed prior to the issuance of the December 1993 award, and interest on
funds borrowed during that period;
Without prejudice or precedent in any other matter, the parties agree as
follows:
1, The Employer shall make payments reflecting a "gross up" of the original
damages to account for additional tax liabilities incurred by the grievor,
and reflecting the additional losses ~incurred by the grievor in the
amount of $64,000 forthwith.
2. The Employer agrees to remit the sum of $51,467 directly to Revenue
Canada, to the attention of Ms. P. Wirth, in respect of income tax
arrears owed by the grievor. The remainder ($12,533) shall be remitted,
less statutory deductions, to the grievor.
3. In recognition that the payment of the above amounts may result in
further additional tax liability to the grievor, the Employer shall, in
accordance with the decision of the Grievance Settlement Board in
Grinius, GSB #1495/89, pay a further ~gross up" amount to reflect the
additional tax liability. The Union shall advise the Employer of the
necessary amount required for the additional "gross up" as soon as it is
ascertained in 1998. Once advised, the Employer shall make the
additional payment as soon as is reasonably possible, either directly to
the grievor or, on the grievor's direction, to Revenue Canada.
4. In the event that the parties are unable to agree on the precise amount
of the additional "gross up" payable pursuant to Paragraph 3 above, the
question of the amount of that additional "gross up" may be brought
before a single Vice Chair of the Grievance Setdement Board at the
request of either party for determination of the amount that is to be
paid.
5. This Agreement is to be made an order of the Grievance Settlement
Board.
The terms of the settlement are hereby incorporated as the Order of the Grievance
Settlement Board.
Dated at ICdngston, Ontario, on this 14th day of November, 1997.
Jane E. Em_ri~a Sole Arbitrator