HomeMy WebLinkAbout2014-2293.Bava.15-05-05 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2014-2293, 2014-2294
UNION#2014-0710-0004, 2014-0710-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bava) Union
- and -
The Crown in Right of Ontario
(Ministry of Attorney General) Employer
BEFORE Reva Devins Vice-Chair
FOR THE UNION Christopher Bryden
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Peter Dailleboust
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL May 4, 2015
- 2 -
Decision
[1] The parties agreed that this matter should proceed as a mediation/arbitration under Article
22.16 of the Collective Agreement and is without precedential value.
Facts
[2] The parties entered into a Minute of Settlement (“MOS”), dated February 17, 2015, in
which the Employer agreed to pay the Grievor certain sums, including one for retraining
expenses. The payment for expenses was to be for the full net amount. Inadvertently, this
payment was incorrectly treated as wages with the attendant deductions.
[3] The parties further agreed that the Grievor was to be provided with certain information
‘forthwith’ for use in future job applications. The Employer also failed to provide this
information until it was brought to their attention by the Union, although it did so
immediately after they were advised that the Grievor had not received the information.
Submissions
[4] The Union asserts that damages should be ordered for the Employer’s failure to comply
with the terms of the MOS. It also requests a guarantee of payment within 7 days for all
outstanding sums.
[5] The Employer submitted that the breaches were the result of unintentional errors, that it
regrets the delays and remains prepared to rectify the payment error. It further maintained
that it cannot guarantee payment within 7 days.
Decision
[6] Having considered the submission of the parties, I am of the view that the Grievor is
entitled to speedy payment of the balance owing to her and that the Employer should take
additional steps to clarify that this amount is not paid being paid as wages.
- 3 -
[7] I would therefore Order that, at the election of the Grievor, the Employer will either:
a. Issue a cheque for the balance owing to the Grievor within 14 calendar days of
being advised of the Grievor’s election. The Employer will also send her a letter
clarifying that they made an error when they paid the initial amount as wages and
that both amounts represents the total amount owing for retraining expenses in
accordance with paragraph 3 of their MOS;
Or,
b. The Grievor can remit a cheque or Money Order for the amount that was
mistakenly paid to her and the Employer will issue a cheque for the full amount
within 14 days of the Grievor’s remittance clearing with the Ministry of Finance.
[8] I decline to award any further remedy. The breaches of the MOS by the Employer were
inadvertent and it is not appropriate in my view to order an amount in damages.
[9] I will remain seized in the event that an issue arises with respect to the interpretation or
implementation of this decision.
Dated at Toronto, Ontario this 5th day of May 2015.
Reva Devins, Vice-Chair