HomeMy WebLinkAboutP-2021-0273.Walker.22-06-27 Decision
Public Service
Grievance Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission des
griefs de la fonction
publique
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
PSGB# P-2021-0273
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Walker Complainant
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services)
Employer
BEFORE Marilyn A. Nairn Vice-Chair
FOR THE
COMPLAINANT
FOR THE EMPLOYER
Christopher Gibson
Ryan Edmonds Workplace Counsel
Counsel
Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
REPRESENTATIONS
June 7 and 15, 2022
- 2 -
Decision
[1] This complaint was resolved by the parties at the hearing on December 21, 2021.
At that time the parties entered in a Memorandum of Settlement. The terms of that
settlement have not as yet been fully complied with by the Employer.
[2] A case conference was convened on June 7, 2022 to determine the cause of the
delay, which apparently included certain payment errors, following which, the parties
agreed that this Order should issue. In the result, the Employer is hereby directed
to review and verify the deductions and payments as required by the Memorandum
of Settlement dated December 21, 2021, and specifically paragraph 7. The following
review and verification is to be completed by the Employer by no later than
Friday, July 15, 2022.
a) Specifically, the legal fees under the settlement were agreed to be paid out
of the amount calculated for back wages, and paid directly to the law firm in
trust, prior to any applicable statutory deductions or deductions for group
benefit plans and pension plan payable on the balance owing to the
Complainant. If required, the Employer will reimburse the Complainant for
any improper deductions made under the Memorandum of Settlement.
b) The Employer will also review and verify the Complainant’s pension
deductions, including specifically for Pay Run No 1203.
c) The Employer will also review and verify the Complainant’s benefit
deductions, which appear to have been calculated assuming the
Complainant was receiving 9 months of backpay.
[3] The Complainant will cooperate with any reasonable requests by the Employer to
facilitate the correction of any payment errors identified through the review set out
above.
Dated at Toronto, Ontario this 27th day of June, 2022.
“Marilyn A. Nairn”
________________________
Marilyn A. Nairn, Vice-Chair