HomeMy WebLinkAbout2023-01565.Maurice.23-12-05 Decision
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
GSB# 2023-01565
UNION# 2023-0290-0029
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Maurice) Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services) Employer
BEFORE Gail Misra Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Kelsey Iyonmana
Treasury Board Secretariat
Employee Relations Branch
Labour Relations Intern
HEARING
November 29, 2023
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Decision
[1] The parties have agreed to an expedited mediation-arbitration process to resolve
grievances at the Roy McMurtry Youth Centre (“RMYC”) in Brampton. Although a
formal protocol has not been finalized, the parties have agreed to attempt to settle
matters at mediation and, if mediation is not successful, to refer appropriate cases
to expedited arbitration. The parties specifically agree that the arbitrator can hear
the matter under Article 22.16 of the collective agreement. This decision is issued
in accordance with Article 22.16 of the collective agreement, so that it is without
precedent or prejudice to any other matters between the parties, and is issued
without detailed written reasons.
[2] Patricia Maurice is a classified Youth Services Officer at the RMYC. She has been
employed since May 1987. On July 6, 2023 Ms. Maurice filed a grievance
claiming that the Employer had failed to pay her 100% sick pay for six sick day
credits that she had claimed in or about January 2023, when she was off sick on
January 16, 21, 22, and 25, 2023.
[3] The grievor had missed four 12 hour shifts. Since sick credits are calculated on
the basis of 8 hour shifts, Ms. Maurice was claiming six sick pay credits for the four
days she had been off sick. Pursuant to Article 44.1 (a) an employee is entitled to
their regular salary for the first six working days of an absence. However, the
Employer had paid Ms. Maurice in accordance with Article 44.1(b), which entitles
an employee to 75% of their regular salary for an additional 124 working days of
absence in a calendar year. The grievor was therefore claiming for the remaining
25% of her regular pay that she had been short paid, which amounted to $472.44.
[4] There is no dispute that the RMYC payroll had submitted a ticket to the Ontario
Shared Services (“OSS”) on January 23, 2023 for the correct sick pay for the
grievor. However the grievor’s pay had been reduced by $472.44 on her pay stub
on February 16, 2023. Despite the grievor having followed up on the issue for
some time, it had not been resolved, which led to the filing of this grievance in July
2023.
[5] Shortly after the filing of the grievance the grievor was paid in full for her January
sick days, and as such that aspect of her grievance is resolved. Nonetheless, the
grievor is also seeking damages amounting to 12 hours of regular pay for the
inconvenience she experienced.
[6] Having considered the submissions of the parties I decline to award damages in
this case. I am satisfied that the RMYC had done what it could to ensure that the
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grievor would be properly compensated for her sick time in January 2023. The
issue emanated from a mistake made by OSS, and while it took a long time to
resolve the issue, in my view this is not a case in which damages should be
awarded. The grievance is therefore dismissed.
Dated at Toronto, Ontario this 5th day of December 2023.
“Gail Misra”
Gail Misra, Arbitrator