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HomeMy WebLinkAboutIyoha 10-09-05 BETWEEN: ARBITRATOR: EMPLOYER COUNSEL: UNION COUNSEL: IN THE MATTER OF AN ARBITRATION UNDER THE ONTARIO LABOUR RELATIONS ACT REENA AND ONTARIO PUBLIC SERVICE EMPLOYEeS UNION GRIEVANCE OF IYOHA AWARD BARRY STEPHENS JANE ROFFEY1 Miller Thomson ED HOlMES1 Ryder Wright Blair & Holmes (lithe Employerll) (lithe Unionll) HEARINGS HELD IN TORONTO ON MAY 27 AND AUGUST 2712010 AWARD The grievor filed a grievance with respect to her te'rmination on August 14, 2009. The hearing in this matter took place on April 27 and August 27, 2010. After hearing from the partiesl it is my decision that the grievance should be upheld and I order as follows: 1. The termination is rescinded and the grievor's record is to be amended to remove reference to same. 2. The grievor is reinstated effective August 14, 2009. 3. The grievor is to be paid compensation of $4000.00 less statutory deductions. 4. The employer is responsible for the repayment of any employment insurance overpayment arising as a result of the grievance and this award. I was advised during the course of the hearing that the grievor was injured in April of this year, and she will be providing the employer with medical documentation to clear . her for return to work. As a result, her return to work is subject -to such medical information. f remain seized of this issue, as well as any other issue arising from the implementation of this award. L Barry Stephen 1 rbitrator September 5, 2010