HomeMy WebLinkAbout1996-0262.Dwyer.97-04-16ONLARD
CROWN EMPLOYEES
GRIEVANCE
SETTLEMENT
EMPLOY& DE LA COLJflONNE
DE L’ONTARK)
COMMISSION DE
RiGLEMENT
DES GRIEFS
180 DUNDAS STREET WEST SUlTE 2100, TORONTO ON MSG.lZ8 TELEPHONEjTiLkPHONE : (416) 326-1388
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BETWEEN
BEFORE:
FOR THE
GRIEVOR
FOR THE
EMPLOYER
GSB # 262/96
OPSEU # 96B497
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
OPSEU (Dwyer)
Grievor
- and -
The Crown in Right of Ontario
(Mount Forest District Ambulance Service)
Employer
R.H. Abramsky Vice-Chair
R. Blair
Counsel
Ryder, Wright, Blair & Doyle
Barristers & Solicitors
J. Brooks
Counsel
Blake, Cassels & Graydon
Barristers 61 Solicitors
HEARING
April 16, 1997
CONSENT ORDER
At the hearing in this matter concerning the grievances of Tamara Dwyer dated
December 13, 1995, May 3, 1996 and March 28, 1997, the parties agreed to resolve these
grievances, without admission of liability and without prejudice or precedent, as follows:
1, The employer agrees to pay to the grievor wages in the amount of $2,5 11.36 referable
to the following dates in 1996 prior to the commencement of the grievor’s maternity
leave:
a) January 2, 1996
b) January 5, 1996
c) January 10, 1996
d) January 12, 1996
e) January 20, 1996
f) January 24, 1996
g) February 27, 1996
h) February 28, 1996
i) March 4, 1996
j) March 10, 1996
k) March 13, 1996
1) March 16, 1996
2. The employer further agrees to issue a new or amended record of employment
stipulating that the grievor’s reason for leave was the commencement of her maternity
leave (March 19, 1996) and reflecting payment of the wages denoted in paragraph 1 above
as made pursuant to the Consent Order to be issued herein, and made in the appropriate
pay periods prior to the commencement of her maternity leave.
3. The parties recognize that it is the intention of the grievor and the responsibility of the
grievor to apply for reconsideration of the Employment Insurance Commission’s
determination of the maternity leave (parental leave) benefits paid to the grievor on the
basis of the wages paid and the record of employment issued pursuant to Paragraphs 1 and
2 above.
4. It is agreed that following a decision by the Employment Insurance Commission,
including any appeals by the grievor if necessary, the Employer shall pay to the grievor the
appropriate amount of supplementary benefits (“top up”) payable pursuant to the
employer’ obligation under the Collective Agreement and memorandum of understanding,
to the stipulated amount of 75% of earnings as determined pursuant to that “top up”
provision; and that this amount shall be paid within 30 days of the Employer being advised
of the decision.
5. It is further agreed that the payment described in paragraph 1 (less statutory deductions
required by law) shall be made to the grievor not later than May 16, 1997, and that the
record of employment referred to in paragraph 2 shall be issued not later than April 23,
1997.
6. It is agreed that the terms of this agreement shall be kept confidential, except as
necessary to inform and instruct clients or counsel, and except as necessary to ensure its
enforcement and to pursue the grievor’s request to the Employment Insurance
Commission or as otherwise necessary for the parties to comply with their statutory
obligations.
7. It is agreement that Vice-Chair R. Abramsky shall remain seized of this matter
concerning any issues arising concerning the implementation of this settlement.
8. In consideration of all of the above, the grievances of the grievor dated December 13,
1995, May 3, 1996 and March 28, 1997 are withdrawn and the grievor and the Union
hereby release the Employer and its agents from all other matters howsoever arising under
the Employment Standards Act, Human Rights Code, or any other statute pertaining to all
issues which are the subject matters of the aforementioned grievances.
9. The parties agree that these Terms of Settlement shall be issued as an Order of the
Grievance Settlement Board.
The settlement agreement was signed by the parties and dated April 16, 1997.
Dated this z&,dday of April 1997 in Toronto, Ontario.
, I’
-&]11~ ?/l(Q ?, . ..-
Randi Hammer Abramsky, Vice-Cha