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HomeMy WebLinkAbout1989-0847.Johnson.91-10-23, ONTARIO EMPLO¥[$ DE LA COUFIONN£ CROWN EMPL 0 YEE5 DE L 'ON TARtO GRIEVANCE C,OMMISSlON DE SETTLEMENT REGLEMENT .BOARD DES GRIEFS I~0 DUNDAS STREET WEST, SUITE 2100, TORC)~TO, Oh.~TARID. ~fSG IZ~ TELEP~O~E/Tf~L~PHONE: (4'16~ 325- ~388 ?$0, RUE OUNDAS OUEST, BuREAu 2100, '~ORONTO (ONTARIO). MSG IZ8 FACSIMILE/T~L£C. OPlE .' (416) 3.~6- 139,6 84'7/89 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINXNG ACT' Before THE GRIEVANCE SETTLEMENT BETWEEN OPSEU (Johnson) - and - The Crown in Right of Ontario (Ministry of Community & Social Services) Employer BEFORE: S. Stewart Vice-Chairperson E. Seymour Member D. Montrose Member -FOR THE I. Roland GRiEVOR Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE S. Patterson EMPLOYER Counsel Legal Services Branch Ministry of Community & Social Services ~EARING October 23, 1991 .DECISION Following the Board's decision in this matter dated March 8, 199I, a hearing was convened to deal with issues of implementation. At the hearing, the parties were able to resolve-the matter, in accordance with the agreement of the parties, the terms of the Memorandum of Settlement between the parties which are attached hereto hereby constitute an order of the Board and we will remain seized with respect to the implementation of the agreement of the parties. Dated at Toronto, this 4th day of November, 1991 $. b. Stewart - Vice-Chairperson E. Seymour - Member D. C. Montrose- Member GSB S47/89 OPSEU 89DO94 IN THE MATTER OF AN ARBITRATION UNDER THE CROWN EMPLOYEES [COLLECTIVE] BARGAINING ACT BEFORE THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Johnson) Grievor and The Crown in Right of Ontario Ministry/Employer (Ministry of COmmunity & Social Service) MEMORANDUM OF SETTLEMENT The parties hereby settle all matters arising out the decision of the GSB dated March 8, 1991 on the following terms: (1) The Ministry shall pay $65,OOO, less , mandatory deductions, as soon as possible but 3 in any event within 60 days of the date of this memorandgm of settlement, to Devon Johnson. (2) The Minis.try shall pay $34,OOO, less mandatory deduction~, in 1992 and no 'later than January 10, 1992, to Devon Johnson. (3) The Ministry agrees that Devon Johnson shall not be responsible ~for the repayment of UIC or welfare benefits received by him in 1989, 1990, and 1991 which may arise as a result of the severance payments set out. in paragraphs 1 and 2. Such' benefits are not "mandatory deductions" for the~urpose of ·paragraphs 1 and 2. (4) Devon Johnson's employment with the Ministry as a Youth Service officer (unclassified staff) shall continue until December 31, 1991, but he shall not attend at work and he shall not receive any pay or benefits whatsoever (excluding paras 1 and 2) to December 31, 1991 at which time his employment shall cease. 4 (5) Devon Johnson hereby irrevocably resig~ns his employment wit. h the Minis'try effective December 31, 1991. (6) Devon Johnson agrees that he shall not hereafter apply for employment at any directly operated Young Offender facility of the Ministry. (7) The Ministry agrees to forthwith provide a letter of reference to Devon Johnson in the form and wording set out in Appendix "A" attached hereto. (8) Devon Johnson will use Jim Kuhn as a reference with respect to his employment with the Ministry, and any references given by Jim Kuhn concerning Devon Johnson shall be. consistent with Appendix "A". (9) Devon Johnson agrees to sign and complete any Ministry documents and forms necessary to carry out the terms of this Memorandum,of Settlement. DeMon Johnson agrees to sign a release form of the Ministry acknowledging that this 5 Memorandum of Settlement constitutes a full ,and final release of .all claims, a~tions, causes of action, grievances, complaints etc. arising out of his employment and the termination of his employment with the Ministry. (11) This Memorandum of Settlement shall be made an order of the Grievance Settlement Board and the Board shall remain seized with respect to the implementation of this Memorandum of Settlement. Dated at Toronto this 23rd day' of October, 1991. "D. Johnson" Devon Johnson "lan Roland" for OPSEU "[Illegible]" For Ministry of Community and Social Services 6 APPENDIX "A" To Whom It May Concern Mr. Devon Johnson has been employed at York Detention Centre as'a Youth Service Officer II, on a contract basis, from May 1987 to December 31, 1991. During his employment, Mr. Johnson was responsible for the care, custody and control of young offenders in a secure residential facility. His duties included monitoring and supervising resident activities, counselling, and ensuring the safety and security of clients in his care. Mr. Johnson performed the above duties in a satisfactory manner'. He has, on occasion received praise in the pgrformance of' his duties. We would like to convey our best wishes to him in his future career endeavours. DATE - Oct 23/91 Jim Kuhn (A) Superintendent