HomeMy WebLinkAboutFriend 03-04-17
. 03/10/2004 15:31 PALIARE ROLAND 416646 4301 ~ *7415*10445*94164438618 NO.324 1ì0ø4
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IN THE MATTER OF A LABOUR ARBITRATION
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BETWEEN~
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I ONTARIO PUBLIC SERVICE "EMPLOYEES UNION
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SHERIDAN INSTITUTE OF TECHNOLOGY AND ADVANCED LEARNING
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AND IN THE MATTER OF THE GRIEVANCES OF
JOHN FRIEND
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SOLE ARBITRATOR
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Kathleen (i)JNeil
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APPEARA~CES FOR THE EMPLOYER
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Brenda Bowlby, Counsel
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APPEA~NCES FOR THE UNION
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Nick Caleran, Counsel
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The heari~g in this matter took place on April 17, 2003 at Oakville, Ontario
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. 03/10/2004 15:31 PRLIRRE ROLRND 416646 4301 ~ *7415*10445*94164438618
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-~ AWARD
The parties have agreed that I have the jurisdiction to issue this award
pursuant to ¡the settlement negotiated on April 17, 2003.
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JOhn Friend filed several grievances in 1997 and 1998 alleging that the
Institute brJached the collective agreement and discriminated against him with
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respect to the delay in returning him to a full teaching assignment at full pay
following a rerîod of disability. The InstiILite denied the allegations. The parties
reached agreement on April 17, 2003 to resolve the grievances as follows.
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The ~nstitute shall pay to Mr. Friend a total of $25,000.00, subject only to
deductions required by .Iaw. Of the total amount, the sum of $10,000.00 will be
paid as ge~eral damages for mental distress. The sum of $9,866.40 shall be paid
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to the GMT Pension Plan on behalf of Mr. Friend to purchase his pensionable
service for the relevant period between June, 1997 to April, 1998. This sum
includes th~ employer and employee contributions as well as any interest that
may be reqluired. The sum of $1,996.20 shall be paid to Mr. Friend as income for
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a reduced t°rklOad in the June, 1997 to April, 1998 period. The balance of the
settlement funds shall be paid to Mr. Friend as pre-judgment interest. Mr.
Friend's anniversary date shall be adjusted to July 15th, effective in 2003, for the
purpose of It he annual salary step adjustment.
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The I settlement negotiated between the parties on April 17, 2003
constitutesla resolution of all grievances filed by or on behalf of or concerning Mr.
Friend, w~ich are withdrawn pursuant to paragraph 6 of the Minutes of
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II settlemenj and no further grievances are to be filed wHh respect to the
I, circumsta ,ces giving rise to those grievances. The settlement is without
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prejudice br precedent to any other issue, grievance or matter between the
I' parties, sh1n not be referred to in any other grievance, and does not constitute an
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. 03/1121/2004 15:31 PAL I ARE ROLAND 415 545 4301 ~ *7415*10445*94154438518 NO.324 1i005
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I remain seized to deal with any issue arising out of implementation of the
settlement and this award.
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Kathleen O'Neil
V. .i r¿J Arbitrator
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