HomeMy WebLinkAbout2010-2127.Martin.11-06-14 DecisionCommission de
Crown Employees
Grievance
UqJOHPHQWGHV
Settlement Board
griefs
GHVHPSOR\pVGHOD
Couronne
Suite 600
180 Dundas St. West
Bureau 600
Toronto, Ontario M5G
180, rue Dundas Ouest
1Z8
Toronto (Ontario) M5G
Tel. (416) 326-1388
1Z8
Fax (416) 326-1396
7pO
7pOpF
GSB#2010-2127
UNION#2010-0551-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Martin)
Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Employer
BEFOREDaniel Harris Vice-Chair
FOR THE UNIONJackie Crawford
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERNicholas Sapp
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING
June 6, 2011.
- 2 -
Decision
[1]This matter came on for a mediation-arbitration hearing on June 6, 2011. It involves an
alleged overpayment made by the employer to the grievor for periods of time she was
receiving short-term disability benefits. For a different period her benefits had expired.
The employer says it erroneously continued her full salary throughout those periods. The
grievor has subsequently been granted long-term disability benefits for part of those
periods.
[2]To date, the employer has failed to provide a proper accounting for the alleged
overpayments.
[3]Having heard the submissions of the parties, I order that the employer provide the
following:
Particulars of the alleged overpayment including the total said to be owing and a detailed
accounting of how the amount has been calculated;
Copies of the original Workforce Information Network records pertaining to the grievor for 2008
through 2011 inclusive;
Copies of pay records for the grievor with an accounting of vacation credits, sick credits, pension
and benefits deductions for the period 2008 through 2011 inclusive;
&RQILUPDWLRQRIWKHJULHYRU¶VFRQWLQXRXVVHUYLFHGDWH
Any and all correspondence between the employer and its human resources department and/or
2QWDULR6KDUHG6HUYLFHVUHJDUGLQJWKHJULHYRU¶Vabsences from work, return to work and periods
of accommodation for 2008 through 2011 inclusive;
Any other arguably relevant documents for the period 2008 through 2011 inclusive.
[4]It is also ordered that the employer not withhold any monies from payments to the
grievor in respect of the alleged overpayment unless the amount is agreed by the parties
or determined by the Board.
th
Dated at Toronto this 14 day of June 2011.
Daniel Harris, Vice-Chair