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HomeMy WebLinkAbout1990-1938.Jelinek.97-11-14 ONTARIO EMPLOYES DE t.A COURONNE CROWN EMP~ I;E I.'ONTARIO GRIEVANCE COMMISSION DE SETTLEMENT R~-GLEMENT BOARD DES GRIEFS f~? OI./NZ2.4~ $1'RE'ET'H/E'$1~, $l..1197E ~2, I'OFIOAO'O ON ~ ~ ~HONEff~HONE : (416) I~, RUE DUN~ OUE$~ ~R~U ~, ~RO~O ~ ~ 1~ F~IMI~COPIE : (41~) ~- GSB ~ 1938/90 OPSEU ~ 90D974 IN THE ~TTE~ OF ~ ~BIT~TION Un,er Before THE GRIBV~CE SETTLEHENT BOARD BE~EN OPSEU (~el inek) Gr~evor the Cro~ in Rich2 o~ Ontario (Ministry of Co.unity & social Se~ices) Employer BEFORE J.E. Emrich Vice-Chair FOR THE R. Blair UNION Counsel Ryder, Wright, Blair & Doyle Barristers & Solicitors FOR THE B. Fukuzawa EMPLOYER Counsel Legal Services Branch Management Board Secretariat HEARING November 14, 1997 INTRODUCTION The award in this matter was released on December 20, 1993. The grievor was reinstated to his position as a probationary Unit Clinical Coordinator at Syl Apps Youth Centre in Oakville with compensation conditional upon successful completion of his probationary period. The parties asked the matter to convene before me as sole arbitrator in respect to an outstanding compensation issue. At the hearing this issue was resolved. At the request of the parties, the terms of the resolution are to be incorporated as the Order of the Board. The terms are as follows: Whereas the grievor, Mr. J. Jelinek, was awarded damages in respect of lost wages and benefits arising from his termination pursuant to an Award of the Grievance Settiement Board dated December 20, 199:3; And Whereas the payment of damages resulted in additional tax liability for the grievor for the years 1994 and 1995, on which interest and penalties accrued; And Whereas the Employer agreed that it would pay a "gross up" of the damage amount to reflect additional tax liability in accordance with the decision of the Grievance Settlement Board in the case of Grinius, GSB #1495/89; And Whereas the grievor incurred other losses and costs, including the loss of contributions to the Canada Pension Plan during the period that he was unemployed prior to the issuance of the December 1993 award, and interest on funds borrowed during that period; Without prejudice or precedent in any other matter, the parties agree as follows: 1, The Employer shall make payments reflecting a "gross up" of the original damages to account for additional tax liabilities incurred by the grievor, and reflecting the additional losses ~incurred by the grievor in the amount of $64,000 forthwith. 2. The Employer agrees to remit the sum of $51,467 directly to Revenue Canada, to the attention of Ms. P. Wirth, in respect of income tax arrears owed by the grievor. The remainder ($12,533) shall be remitted, less statutory deductions, to the grievor. 3. In recognition that the payment of the above amounts may result in further additional tax liability to the grievor, the Employer shall, in accordance with the decision of the Grievance Settlement Board in Grinius, GSB #1495/89, pay a further ~gross up" amount to reflect the additional tax liability. The Union shall advise the Employer of the necessary amount required for the additional "gross up" as soon as it is ascertained in 1998. Once advised, the Employer shall make the additional payment as soon as is reasonably possible, either directly to the grievor or, on the grievor's direction, to Revenue Canada. 4. In the event that the parties are unable to agree on the precise amount of the additional "gross up" payable pursuant to Paragraph 3 above, the question of the amount of that additional "gross up" may be brought before a single Vice Chair of the Grievance Setdement Board at the request of either party for determination of the amount that is to be paid. 5. This Agreement is to be made an order of the Grievance Settlement Board. The terms of the settlement are hereby incorporated as the Order of the Grievance Settlement Board. Dated at ICdngston, Ontario, on this 14th day of November, 1997. Jane E. Em_ri~a Sole Arbitrator