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HomeMy WebLinkAbout1991-2651.King.92-07-29 ONTARIO EMPLOYES OE tA COURONNE ; CROWN EMPL OYEE~ D£ ~_ 'ON?d GRIEYANCE COMmiSSION DE SETTLEMENT R GLEMENT BOARD DES GRIEFS )80 DUNDAS ..S~-REET WEST, 5UJTE 2100, TORONTO, ONTARIO. MI5G IZ8 TELEPHONE/TEL~.PFtOFqE. :~80, RUE DUNE)AS OUEST, BUREAU 2 tO0, TORONTO (ONTA. I~IO). 1~5G 1Z8 FACSIi~vI~LE/TELEcOPlE : (4 2651/91, 2652/91 IN THE I~TTER OF ~ ~BITI~TION Un,er THE CRO~i~l EMPLOYEES COLLECTIVE BARGAINING ~CT Before -' ?~E GRIEV~CE SETTLEMENT BO~D · BETWEEN OPSEU (King) Grievor - and - The Crown in Right of Ontario (Ministry of Community & Social Services) Employer BEFORE: N. Dissanayake Vice-Chairperson · J. White Member D. Clark Member FOR THE P. Munt-Madill GRIBVOR Counsel Ryder, Whitaker, Wright & Chapman Barristers & Solicitors FOR THE S. Patterson EMPLOYER Counsel Legal Services Branch Management Board of cabinet July 21, 1992 2 DECISION These are two grievances filed on December 12, 1991 by Mr. Barry King. At the commencement the Board was advised that a key witness of the employer had taken ill and was unable to attend. As a result the employer was not in a position to proceed with the hearing. The Board was further advised that the union had agreed to the employer's request for an adjournment. The parties had agreed to jointly request an adjournment subject to two conditions: (a) That in the event that any compensation is awarded by the Board in its ultimate decision, the employer will be liable to pay interest on the basis of the "Hallowell Formula" for the period between July 21, 1992 to the date these grievances are rescheduled for hearing. (b) That both parties reserve the right to make submissions to the Board on the prejudice that may have resulted from the adjournment, in relation to the'issue of the .pension entitlement of the grievor. On the mutual request of the parties, the Board granted the adjournment subject to the agreed upon conditions set out above. 3 This panel is not seized, with these grievances. The parties are to contact the Registrar's Office for the purposes of rescheduling. Dated this ,29th day of July, 1992 at Hamilton, 'Ontario N. Dissanayake Vice-Chairperso~-~ i-~. 'Wh~it e Member D. Clark Member