HomeMy WebLinkAbout2011-2859.GAM.19-06-18 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#2011-2859; 2011-2860; 2011-2861
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
(GAM)
Association
- and –
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care) Employer
BEFORE Bram Herlich Arbitrator
FOR THE
ASSOCIATION
Kelly Doctor
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER Caroline Cohen
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING June 7, 2019 (by teleconference)
Decision
[1] The parties, on or about March 1, 2019, entered into a Memorandum of
Agreement resolving issues pertaining to the quantification of damages related to
what they termed as “salary and credit adjustment issues”. For the sake of
clarity, they have not resolved the issue of the quantum of damages owing for
injury to dignity, feelings and self-respect pursuant to the Ontario Human Rights
Code or any other non-monetary losses not addressed by their recent
Memorandum of Agreement (“MOA”). This latter issue is currently listed for a
further hearing before me.
[2] The parties’ MOA does not precisely quantify the amount of damages owing
under its terms. Rather, covering a period which commences on August 1, 2010
and continues to the present, it sets out a series of formulae and guidelines to be
followed in arriving at the quantum of damages. The significant majority of the 26
paragraphs of the MOA are devoted to addressing and setting out these formulae
and guidelines. The computations required are not simple, owing to the various
different considerations which are to apply to different individually identified time
periods (some of which may overlap) over the course of the total period which, as
indicated, dates back from the present to August 2010.
[3] In any event, the MOA requires the employer to furnish a statement showing its
calculation in implementing the terms of the agreement and determining the
amounts to be paid under those terms. Further, the MOA requires the employer
to pay the amounts owing under its terms no later than 60 days from its signing.
[4] As of the date of the recent teleconference (i.e., well after the 60-day period), no
payments had been made.
[5] Having considered the submissions of the parties, I hereby direct that the
employer, within ninety (90) days of the date of this award, pay the amounts
owing to the grievor under the terms of the parties’ MOA. I also note that the
parties have agreed to a daily amount of interest to be paid, if the amounts owing
were not paid within the 60 days contemplated by the MOA. Thus, that daily
continuing lability commenced on the 61st day following the signing of the MOA
and will continue until such time as the employer complies with its payment
obligations.
Dated at Toronto, Ontario this 18th day of June, 2019.
“Bram Herlich”
Bram Herlich, Arbitrator