HomeMy WebLinkAbout2016-2808.Rowe.19-05-21 Decision
Crown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2016-2808; 2016-2857
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
The Association of Management, Administrative and Professional
Crown Employees of Ontario
(Rowe)
Association
- and –
The Crown in Right of Ontario
(Ministry of Education) Employer
BEFORE Janice Johnston Arbitrator
FOR THE
ASSOCIATION
Emma Phillips
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
TELECONFERENCE May 8, 2019
- 2 -
Decision
[1] The parties in this case signed Minutes of Settlement dated July 18, 2017. A
question has arisen with regard to the interpretation of the Minutes of Settlement.
[2] The Association takes the position that Ms Rowe is entitled to be reimbursed for
travel expenses incurred by her in the course of her employment with the Ministry.
These expenses were incurred prior to the signing of the Minutes of Settlement.
[3] The employer takes the position that Ms Rowe is not entitled to claim these
expenses as the Minutes of Settlement resolved all of the outstanding grievances and
any and all issues in dispute pertaining to Ms Rowe’s employment.
[4] In response the Association strongly disputes the Employer’s position that it is
not required to reimburse Ms Rowe for these expenses. There was no discussion of
travel expenses and the issue was not addressed in the Minutes of Settlement.
[5] Several teleconference calls have been held in an effort to resolve this issue. As
the parties were unable to reach agreement a final teleconference call was held on May
8, 2019. At that time the parties were afforded full opportunity to make submissions and
put before me any documentary evidence they relied upon.
[6] Having regard to the evidence before me and the submissions of the parties I
have determined that it is appropriate to direct the Employer to pay to Ms Rowe the sum
of $1445.95 as reimbursement for travel expenses incurred by her in the course of her
employment. The Employer shall make best efforts to pay this sum to Ms Rowe within
sixty (60) days from to-days date.
[7] In the event that there are any difficulties with regard to the implementation or
interpretation of this award I shall remain seized.
Dated at Toronto, Ontario this 21st day of May, 2019.
“Janice Johnston”
Janice Johnston, Arbitrator