HomeMy WebLinkAboutNasar 19-08-30In the Matter of a Labour Arbitration pursuant to the Ontario Labour Relations Act
Between:
WAYPOINT CENTRE FOR MENTAL HEALTH
(the “Employer”)
-and-
ONTARIO PUBLIC SERVICE EMPLOYEES’ UNION
LOCAL 329
(the “Union”)
Grievance of Sameh Nasar
OPSEU File No. 2018-0329-0058
Arbitrator: Randi H. Abramsky
Appearances:
For the Employer: Andrew N. Zabrovsky Counsel
For the Union: Robin Lostracco Counsel
Hearing: August 29, 2019 in Barrie, Ontario
ORDER
The parties agree that I have been appointed to hear this matter and have jurisdiction to make a
determination in this case. The parties agreed to proceed with an expedited arbitration under
section 50 of the Labour Relations Act. Having heard the submissions of the parties, I make the
following ORDER:
1. The Grievor shall be reinstated retroactively for the period of September 7, 2018 to January
7, 2019.
2. The Grievor will retroactively be placed on an employer approved special leave without
pay by the employer for this period.
3. The Employer will inform HOOPP that the Grievor was on an employer approved special
leave without pay for this period.
4. The Grievor will be solely responsible for purchasing his past pensionable service for the
leave period above if he elects to do so. The Employer will not be responsible for any
pension contributions for the leave period.
5. I reserve jurisdiction to address any matters of interpretation, implementation, or
enforcement of this Order.
Issued this 30th day of August, 2019.
/s/ Randi H. Abramsky
________________________________
Randi H. Abramsky, Arbitrator