HomeMy WebLinkAbout1998-1937.Beer.02-03-11 Order
~M~ om~o EA1PLOYES DE LA COURONNE
_Wi iii~~~i~T DE L 'ONTARIO
COMMISSION DE
REGLEMENT
"IIIl__1I'" BOARD DES GRIEFS
Ontario
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GSB#1937/98,0171/99
UNION# 99B307, 99B428
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Beer)
Grievor
-and-
The Crown In Right of Ontario
(Ministry of Health and Long-Term Care)
Employer
BEFORE Barry B Fisher Vice-Chair
FOR THE GRIEVOR Ed Holmes
Counsel
Ryder Wright Blair & Doyle
Barnsters & Solicitors
FOR THE EMPLOYER Fateh Salim
Counsel
Legal Services Branch
Management Board Secretariat
HEARING March 6, 2002
2
AWARD
ThIS case was ongmally before Vice-Chair Hams, however on consent of both of
the partIes, It was transferred to me for adJudIcatIOn.
ThIS case mvolves an allegatIOn by the Gnevor that he was unJustly suspended
WIth pay on December 14 1998 and unJustly dIsmIssed on March 31 1999
The Gnevor was an unclassIfied part-tIme Cleaner I at the St. Thomas PsychIatnc
HospItal
The Employer has now conceded that the Gnevor was suspended WIthout Just
cause and dIsmIssed WIthout Just cause therefore the only Issue to be determmed IS
remedy
The Umon's pOSItIOn IS that the Gnevor IS entItled to the value of hIS lost wages
and benefits from Apnl 1 1999 to September 25 1999 a penod of 25 weeks I agree
that thIS IS the proper remedy
The Gnevor's average hours over thIS penod would have been 31 6 hours per
week. His 1999 wage as a Cleaner I was $1505 per hour plus 8 16% m lIeu of paid
vacatIOn and statutory holIdays
Therefore hIS loss over 25 weeks IS $12,860
I therefore allow the gnevance and award as follows
a) The Gnevor IS to receIve, wIthm 30 calendar days of thIS Award, the sum
of $12,860 less appropnate deductIOns as reqUIred by law
I remam seIzed to deal WIth any Issues ansmg from the mterpretatIOn or
ImplementatIOn of thIS award.
Da~e~ at Toronto thI~ .lIth day of March, 2002
Barry B FIsher Vice-Chair