HomeMy WebLinkAbout2016-2836.Smieja.22-07-04 Decision
GSB# 2016-2836; 2017-1094; 2017-1919; 2017-3587; 2020-2070
UNION# 2017-0601-0004; 2017-0601-0007; 2017-0601-0011; 2018-0601-0002;
2020-0601-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Smieja) Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services) Employer
BEFORE Christopher Albertyn Arbitrator
FOR THE UNION Rebecca Jones
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Regina C. Wong
Treasury Board Secretariat
Legal Services Branch
Counsel
SUBMISSIONS Written Submissions received
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
- 2 -
Decision
[1] Previous decisions have been issued in this matter. A final decision was issued on
January 6, 2021, with a subsequent, clarifying decision issued on August 26, 2021.
The August 26, 2021 decision addressed issues that the Grievor had raised
regarding the final decision.
[2] The August 26, 2021 decision left one matter outstanding. The Employer was given
an opportunity to respond to the Grievor’s 6th claim that double CPP and EI
deductions were made from his disability benefits received in 2013.
[3] The Employer filed a detailed submission on this issue on January 14, 2022. That
submission explains that the Employer was required to deduct EI and CPP from the
payments it made to the Grievor in 2021, pursuant to the January 6, 2021 decision,
and that the Grievor may qualify for special tax treatment via a “Qualifying retroactive
lump-sum payment” (CRA Form T1198), which he can submit to Revenue Canada
relating to the payment attributable to 2013.
[4] The Employer’s submission makes clear that there was no double deduction of EI
and CPP for the disability benefits the Grievor received in 2013.
[5] In the circumstances, nothing more remains in this matter. Payments have been
made to the Grievor by the Employer in accordance with the decision of January 6,
2021.
Dated at Toronto, Ontario this 4th day of July, 2022.
“Christopher Albertyn”
________________________
Christopher Albertyn, Arbitrator