HomeMy WebLinkAbout1992-2484.Torr.93-11-30
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~ ONTARIO EMPLOYES DE LA COURONNE
- CROWN EMPLOYEES DE L'ONTARIO
, GRIEVANCE COMMISSION DE
1111 SETTLEMENT ,
REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO, MSO lZ8 -TELEPHONEITtLtPHONE (416) 326-1388
f 1~0, RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) MSO lZ8 FA CSIMILE ITELI!COPIE (416) 326-i396
'2484/92, 2643/92
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Torr)
Grievor
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The Crown-in Right of ontario
(Ministry of Health)
Lewis Ambulance service
Employer
BEFORE: w. Kaplan Vice-Chairperson
W Rannachan Member
F. Collict Member
FOR THE- N. Coleman
GRIEVOR Counsel I
Gowling, Strathy & Henderson
Barristers & Solicitors
FOR THE J Perry I
EM'PLOYER Counsel
Shibley Righton
Barristers & Solicitors
HEARING September 21, 1993
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2484/92, 2643/92
BOARD ORDER
Attached is the Memorandum of Settlement which the parties
agreed would be made an Order of the Board.
DATED at Toronto,this 13th day of December, 1993
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w Kaplan, Vice...,.Chairperson
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W. Rannachan, 1vember -
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\ F. Co t., Member
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GSB File NO.J 2484/92, 2643/93
In tbe matter or tbe Grievance Settlement Board
BET WEE N:
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(the '1J aJOD")
. and .
SIMON TORR
(the "Grfevor")
. and .
LEWIS AMBULANCE SERVICE
(The "Employer")
MEMORANDUM OF SETTI.EMENT
The parties agree, on a without precedent and without prejudice basis, to settle
the above-noted gI:ievances on the following terms:
1. The Employer will rescind the discipline dated October 22, 1992, including the
suspensions, and the dismissal dated November 13, 1992.
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2. The Employer will pay compensation to the Grievor equivalent to all wages
and benefits (including vacation pay) from the date of his SUSttnsions ~cember 13, 1993,
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with interest atl the Bank of Canada rate, subject only to deductions required by law.
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3. The Grievor will be terminated without right of recall effective the date of this
settlement.
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4. The Employer will provide a satisfactory letter of reference to the Grievor in
the form attached to this Memorandum of settlement.
s. The Grievor will execute a suitable release in the form attached to this
Memorandum of Settlement.
6. The Union and the Grievor will withdraw the abov~-noted grievances, the
complaint to the Ontario Labour Relations Board dated December 9, 1992 and the
complaint to the Ontario Public Service Labour Relations Tnbunal dated December 9, 1992-
7. The Employer will make payment of the compensation descnbed in paragraph
2 above within four weeks of the date upon which the parties agree to the amount to be
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paid, subject to the Grievor's lawful directions.
8. The Grievance Settlement Board will remain seized to deal with any disputes
arising from the interpretation, implementation or alleged contravention of the terms of this
settlement.
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9. The parties agree that the terms of settlement should be made an order ofthe
Grievance Settlement Board. \..
DATED at this ?lOft day of Novem " 1993.
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WiA. ~
aria Public Service Employees Union
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'. Lew18 AmOulance :serv" 'a Ltd.
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DECEMBER 1~. 1993
TO W~~M IT MAV CONCERNI (
fllL-ilM~ !OR~_._~~~ .. ........__ .._-.........-.. 1.1 L 1 .....-..
SIMON TORR WAS EMP~OYED AS A PART T1ME EMERGENCY MEDICAL
ArTENDANT ATL.EWfB AMBULANCE SE~VICES lTD. IN BRADF'ORD
F'ROM MARCH 1"1 TO MAV 1991. ON MAY 115. 19cH MR. 'foftR
~P:CAME A F'ULt. TIME EMF'LOVEE AND WORlC~t) It't THAT CAPAC%T"t
UNTIt DeCRMaER 1993.
MR. TORR HAS ALL. THE aUALIF ICATlClNS NECESSA~Y TO PERFUf\M
RESPONII.I~!TI18 A' AN I.M.C.A.
SrNCEREL.Y,
9r/5~
M.G. L.EWI8
OWNER
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IN CONSIDERATION of the payment to me of the Sum of ONE OQUAR
($100) on account of all claims, Interest and costs. receipt of which Is hereby (
acknowledged, I. SIMON TOAR, on behalf of myself. my heirs, successors and assigns
(hereinafter collectively referred to as the -Releasor) hereby release and forever discharge
LEWIS AMBULANCE SERVICES LTD., their subsidiaries and affiliates and each of theIr
respective offICers, directors, employees, servants and agents, and theIr successors and
assIgns (herelnaner coJJectlveJy referred to as the "Releasees") Jointly ands8VeraJly from
any and all actions, causes of actions, contracts and covenants,whether express or
Implied, dalms and demands for damages, indemnity, costs, interest, loss Of injury of
every nature end kind whatsoever arising, which I may heretofore have had, may now
have or may hereInafter have In any way relating to the hiring Of, the employment by or
the termination of the Releasor by the Releasees, and in particular In connection with
G.S.B. #2484/92. OPSEU #92F964.965 - Two Unjust Suspension Grievances and G.S.B.
*2643/92, OPSEU #92H027 - Unjust Dismissal Grievance. all pursuant to Section 32 of
the Crown EmpIQye.e.-C.2Il.DPtlve Bargaining Act
AND FOR THE SAID CONSIDERATION I further covenant and agree to
save harmless and indemnify the Releasees from and against al/ claims, charges. taxes
or penalties and demands which may be made by the Minist&r of National Revenue
requiring the Releasees to pay Income tax under 'the/Meams Tax Act (Canada),ln respect
of income tax payable by me in excess of the Income previously withheld; and In respect
of any and all claIms, charges. taxes or penalties and demands which may be made on
behalf of or related to the Unemployment Insurance CommissIon or the Canada PensIon
CommIssion under the applicable Statutes and Regulations. with respect to any amounts
which may, in the future, be found to be payable by the Releasees in respect of the
Releasor
IN WITNESS WHEREOF I have hereunto executed this Full and Final
Release by affixing my hand and seal this ~ q *' day of No~ I 1993 in the presence
of the witness whose signature is subscribed below
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SIGNED, SEALED AND DELIVERED )
IN THE PRESENCE OF: ) 'l/1
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WITN S ) SIMON TORR