HomeMy WebLinkAbout2005-3163.McNally.11-03-02 Decision
Commission de
Crown Employees
Grievance
UqJOHPHQWGHVJULHIV
Settlement Board
GHVHPSOR\pVGHOD
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 7pO
Fax (416) 326-1396 7pOpF
GSB#2005-
3163
UNION#2005-0506-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
èÏÔÎÏ
(McNally)
- and -
The Crown in Right of Ontario
(Ministry of Transportation)
Employer
BEFORERichard Brown Vice-Chair
FOR THE UNIONRichard Blair
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYEROmar Shahab
Ministry of Government Services
Labour Practice Group
Counsel
HEARINGMarch 1, 2011.
- 2 -
DECISION
[1]Whereas an issue arose regarding the interpretation and application of the settlement
dated September 16, 2009, on consent of the parties and without precedent or prejudice in
other matters between the parties, I order as follows:
1.The amount payable under the terms of the settlement dated September 16, 2009 is
$10,139.73.
2.The Employer shall pay to Theresa McNally $10,139.73 less an amount which is
attributable to recovery of WSIB benefits paid to the grievor in respect of a period or
periods prior to November 5, 2009, which is $4339.90.
3.The amount of $4339.90 referred to in Paragraph 2 will be deducted from the amount
of $10,139.73 referred to in paragraph 2 and represents full satisfaction of any
overpayment relating to any period prior to November 5, 2009 existing as of the date
of this Order.
4.Pursuant to the above, the Employer will pay to Ms. McNally the sum of $5799.83
less statutory deductions required by law within 60 days of this Order.
nd
Dated at Toronto this 2 day of March 2011.
Richard Brown, Vice-Chair