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HomeMy WebLinkAbout1989-0361.Singh.89-11-30 ' ONTARIO EMPLO¥~:S DE LA COURONNE ; '~' CROWN EMPLOYEES DE L'ONTARIO GRIEVANCE C,OMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, TORONTO. ONTARIO. M5G 1Z8- SUITE 2100 TELEPHONE/Tf~L~PHONE 'fSO, RUE DUNDAS OLIEST, TORONTO, {ONTARIO) MSG 17.8- BUREAU 2100 (418)598-0688 361/89 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Paul Singh) Grievor - and - The Crown in Right of Ontario (Ministry of Transportation) Employer Before: M.R. Gorsky Vice-Chairperson S. Urbain Member A. Merritt Member For the Grievor: K. Whitaker Counsel Ryder, whitaker, Wright and Chapman Barristers & Solicitors For the Employer: M. Failes Counsel winkler, Filion and Wakely Barristers & Solicitors BOARD ORDER The griever, Paul Singh, a Systems Clerk, employed by the Ministry of Transport, filed a grievance, claiming that he had "been unjustly dismissed by (his) employer on April 14, 1989" and requested that he "be reinstated immediately with full benefits, seniority and any money lost." At the opening of the hearing counsel for the parties informed the Board that the grievance had been settled and requested that we issue an Award evidencing the settlement and that the Award set out the Minutes of Settlement which are as follows: Minutes of Settlement BETWEEN: Paul Singh the "Employee" - and - The Crown in Right of Ontario (Ministry of Transportation) .the "Employer" - and - OPSEU The parties agree to resolve the grievance dated April 14, 1989 and the dismissal of the Employee as follows: - 2 - The parties wish these Minutes of Settlement to be made an Order of the Grievance Settlement Board. 1. The Employee agrees to withdraw his grievance dated April 14, 1989; 2. The Employer agrees to withdraw the letter of April 14, 1989 from David Hobbs to the Employee; 3. The Ministry agrees to reinstate the Employee within one week of the Employee providing a satisfactory medical certificate as set out in paragraph 4. The reinstatement shall be without compensation or benefits for the period from the date of dismissal until the date of reinstatement but shall also be without loss of seniority; 4. The Employee shall provide the Employer with a medical certificate indicating that the Employee is fit to assume the full duties and responsibilities of the position and can attend work on a regular, full-time basis in the future. This certificate shall be provided within fourteen days of the date of the agreement; 5. The parties agree that the Employee shall not have an absenteeism rate (inclusive of all days absent except vacation) which exceeds 1i in any 12 month period. This term shall remain in force for two years from the date of reinstatement and if the.Employee breaches this term, he shall be subject to discharge; 6. The parties agree that if the Employee breaches this agreement that the Employee'shall have no recourse to the grievance procedure or to arbitration except to determine whether the terms of this agreement have been breached. If the terms of this agreement have been breached, the arbitration board shall have no jurisdiction to vary specific penalty of discharge as agreed to by the parties; 7. The Employee is entitled to the benefits. provided by the Supplementary Health and Hospital Plan from the date of the dismissal until the date of reinstatement if the Employee's coverage has not been cancelled by the Employer for this. period. This paragraph modifies paragraph 3. This refers only to benefits which the Employer would be entitled to under the plan. As requested by the parties, the above minutes of settlement are hereby made an order of the Board. DATED at Toronto, Ontario this 30th day of November, 1989. M.R. Gorsky, Vice-Chairperson S. Urbain, Member A. Merritt, Member