HomeMy WebLinkAboutP-1999-0009.Hall.00-03-29 Decision
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PSGB # P/0009/99
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Hall
Grievor
- and -
The Crown m RIght of Ontano
(Mimsm of Health)
Employer
BEFORE John A. Willes Vice ChaIr
FOR THE John R, der-BurbIdge
GRIEVOR Counsel
Hurle, Fasano
Bamsters & SohcItors
FOR THE Yasmeena MohaITIed
EMPLOYER Counsel, Legal ServIces Branch
Management Board SecretarIat
HEARING June 23 1999
November 19 1999
SUPPLEMENTARY DECISION
The Gnevance m tms matter came on for heanng as a mediatIOn!
arbItratIOn, at WhICh tIme the partIes reached an agreement and sIgned
Mmutes of Settlement on June 23, 1999 Issues ansmg out of the Mmutes of
Settlement resulted m a second hearmg date on November 19, 1999
Followmg the second hearmg date, thIS Board Issued a decIsIOn on the
matters then outstandmg, mcludmg Issues related to the monetary amount
payable
On January 28,2000, Counsel for the Gnevor wrote a letter to thIS
Board seekmg further clarIficatIOn as to the payment of certam sIck benefits
to the Gnevor dunng the penod to WhICh the monetary settlement applIed.
HIS posItIOn was that the sum of $3,36900 m sIck benefit payments made to
the Gnevor dunng the sIck benefit penod should not be mcluded m the gross
amount payable, but should represent a separate amount paid to the Gnevor
The response of Counsel for the Employer to the letter was that the
decIsIOn of the Board IS clear and not ambIguous wIth respect to the payment
amount, and needs no further clanficatIOn. Counsel for the Employer also
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submItted that the Board IS 'Functus OfficIO', havmg made a final dISposItIOn
of the matters placed before It.
ThIS Board has carefully revIewed the submIssIOns and arguments of the
partIes WIth respect to ItS decISIOn of January 17, 2000 In that decIsIOn the
Board remamed seIsed should the partIes have any dIfficulty wIth the
performance of the terms of settlement and the Board's subsequent decIsIOn.
The Issue raIsed by Counsel for the Gnevor concerns the payment of
$3,36900 by the Employer dunng the penod March 1, 1999 to June 23,
1999, and submIts that the amount should be m addItIOn to the settlement
amount, rather than a part of the sIck benefit payment calculatIOn. In ItS
decIsIOn of January 17,2000, the Board concluded.
"Clause 3, accordzng to Its plazn readzng oblzgates the
Employer to pay the Grzevor sIck pay benefits for the perlOd
March 1, 1999 to June 23, 1999, and to ensure payment of
the same Clause 5 provIdes that the balance (mbject to
maxImum RRSP and other deductlOns) would be payable to
the Grzevor
The sIck pay amount 151 a fixed calculatlOn for the perlOd
of tIme noted zn Clause 3, and payable zn accordance wIth
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government regulatlOns as to amount On thIs basIs It would
be necessary for the Employer to znclude the $3,36900
already pazd to the Grzevor, otherwIse government payroll
record~,' would show double payment for a part of that perlOd
of tIme If Clause 3 151 to be znterpreted as It stands, the
partzal payment of SIck pay should be zncluded zn the total to
cover the proper sIck pay payment for the perlOd March 1 to
June 23, 1999
Clause 5 provIdes for the dlSposltlOn of the payment of
the balance of the settlement amount after the Grzevor has
receIved payment of the total sIck pay benefits he would be
entItled to receIve for the perlOd March 1 to June 23, 1999
On the basIs of the foregozng, then, thIs Board finds that the
Clauses 3 and 5 should be znterpreted to znclude the
$3,36900 as a prepayment of part of the sIck pay benefits
receIvable by the Grzevor under the terms of the Mznutes of
Settlement "
To further clanfy the Board's decIsIOn of January 17,2000, the sum of
$3,36900, bemg a payment to the Gnevor dunng the penod March 1, 1999 -
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June 23, 1999, represents a part payment to the Gnevor of the total sum
payable by the Employer Had the settlement agreement provIded for a sIck
benefit penod that excluded the first weeks of March to WhICh the 3,36900
applIed, the amount would be excluded, but to mclude the sIck benefit penod
for whIch payment was made, the $3,36900 must be mcluded m the
calculatIOn of the amount payable by the Employer The $3,36900
accordmgly represents a part of the settlement amount set out m the
agreement.
Dated at Toronto, thIS 29th day of March, 2000
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John A. Willes, Q C , Panel Chair
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