HomeMy WebLinkAboutBauermann 21-12-06 1
IN THE MATTER OF AN ARBITRATION
BETWEEN:
ROYAL OTTAWA MENTAL HEALTH CENTRE
(the Employer)
- and -
ONTARIO PUBLIC SERVICE EMPLOYEES’ UNION
(the Union)
Re: Termination and Retaliation Grievance of Bauermann
OPSEU #2021-0479-0004
A W A R D
Paula Knopf - Arbitrator
Appearances:
For the Employer: Stephen Bird, Counsel
For the Union: Emily Cumbaa, Regional Grievance Officer
The hearing of this matter was held on July 8, 22, 28, November 8 & 23,
December 6 2021
________________________________
The Union filed grievances on behalf of the Grievor alleging a failure to accommodate
and unjust termination. The Parties appointed me to hear and determine the
termination grievance pursuant to my authority as a mediator/arbitrator under Section
48 of the Ontario Labour Relations Act.
In furtherance of my mandate, I have heard and considered the extensive oral and
documentary evidence presented, as well as the fulsome submissions of counsel. The
Union strenuously argued that the discharge was unjust. Similarly, the Employer
submitted that there was just cause for the termination. It is noted that the Grievor
sought reinstatement through the grievance process and I have the authority to have
ordered reinstatement.
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As a result, I have concluded as follows:
1. In recognition of the fact that Grievor has relinquished her right of reinstatement,
the Grievor is entitled to $50,000 as damages, payable within 30 days of this
Award.
2. Nothing in this Award precludes the Grievor from accessing STD and LTD
entitlement that arose during her period of employment.
3. The consideration payable to the Grievor fully and completely resolved all the
grievances and complaints that have arisen or could have arisen during her
employment.
4. However, for purposes of clarity, while the Grievor and the Union have no right to
grieve or take to arbitration any issues that may arise out of the application for
STD or LTD benefits, this does not preclude the Grievor from accessing the
Insurer’s appeal process or in a civil suit.
I remain seized with regard to the interpretation and implementation of this Award.
Dated at Toronto this 6th day of December 2021
________________________________
Paula Knopf - Arbitrator Generated by CamScanner
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