HomeMy WebLinkAbout1993-1323.Blackhall.97-03-24
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ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
1111 GRIEVANCE COMMISSION DE
SETTLEMENT "
REGLEMENT
BOARD DES GRIEFS
\ 180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G 118 TELEPHONErrELEPHONE (416) 326-1
180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5G 1Z8 FACS/MILE/TELECOPIE (416) 326-1
GSB # 1323/93
OPSEU # 93G075
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Blackball)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Community & social Services)
Employer
BEFORE: o V Gray Vice-Chairperson
E. Seymour Member
D Montrose Member
FOR THE I Roland
GRIEVOR Counsel
Gowling, Strathy & Henderson
Barristers & Solicitors
FOR THE J Smith
EMPLOYER Counsel
Legal services Branch
Ministry of Community & Social Services
HEARING March 24, 1997
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BOARD ORDER
Attached is the Memorandum of Settlement which the parties
agreed would be made an Order of the Board
DATED at Toronto, this 24th day of March, 1997
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0 Gray, Vice-Chairpi son
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E Seymour, Member
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D Montro , Member
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GSB No. 1323/93
IN THE MATTER OF A GRIEVANCE
BEFORE THE GRIEVANCE SETTLEMENT BOARD
BET WEE N.
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(the UnIon)
- and -
MR. MARTIN BLACKHALl
(the Grievor)
- and -
THE CROWN IN RIGHT OF ONTARIO
(MINISTRY OF COMMUNITY & SOCIAL SERVICES)
(the Employer)
MEMORANDUM OF SETTLEMENT
Without prejudice and without precedent the parties agree to the following as full and final
settlement of the above noted grievance cJ \ ,\ '"1 # ~pJ
1 The Employer agrees to reinstate the Grievor's emp/oymenyyom June 28 1993
only for the purpose of the Grlevor's L TIP claim and not for the purpose of
reemployment or rehabilitation employment with the Employer, or for any other
benefits or purposes not explicitly provided for m this agreement. c.
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2 In light of the fact that the Grlevor and the Union did not provide the Employer with
medical reports concerning the Grievors obsessive-compulsive disorder as it had
affected his attendance in March, 1993. and 8sft affected him subsequent to the
termInation of his employment on June 28, 1993, which medical reports were not
provided to the Employer until May, 1994. the Employer shall pay to the Griever the
amount of $18,215.00, less statutory deductions, which amount is equivalent to the
Grievor's salary from June 1, 1994 to Novemb~ 30. 1994'i.4~// /J.I ~IWV~
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f..{J 3 The Employer shall pay to the Grievor $9,100 00 as damages for pain and suffenng
fM by the Grievor as a person sufferlngfrom a handicap. to wit\ obsessive-compuisive
disorder, in accordance with the Ontario Human Rights Code
4~ The Griever shall have t~~t %a~~~~.~.'l~~t ~~ili~~~'}~rl: T.:t.~e~i' ~
, -} r3 '<i and the Employer shallstlfl/l9ft 11111 GrtllVOr'S Rght.le appeal fer b+lf' benefits-
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5 Whether or not the Grievor appealS his L TIP application, or whether or not the
Griever IS successful on his l TIP application, the GrieVur shal! fiot have the right to
rG;n~tatement in any empioyment pcsition whatsoever, including rehabilitation
employment with the Employer and apart from the provisions of this agreement the
Employer shall have no other cb~igabo1s whatsoever to the Gr:evor, ,?irQ rc
provl5ion:s of the Collective Agreement between the parties apply to the Grievor,
except those provisions expressly set out In this agreement
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6. Articles 42 and 43 of the Collective Agreement apply, except for Articles 42.7, 42.8,
429 and 42.10, but in the event the Grievor receives LTIP benefits and also has
income from employment elsewhere, Arbcle 42.8 applies.
7 The Grievor shall have the right to tennination pay in accordance with Article 53 and
in particular, Article 53 4, upon the earliest ot
(i) a final determination that the Grievor is not entitled to L TIP I in which case it
it,! ~ W/ is agreed that the Grievor will receive termination pay calculated up to
44r1- W 30, It;'f~ or
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(ii) the Grievor's L TIP benefits cease, or
(iii) the Grievor dies or turns 65 years old.
S The Grievor hereby declares that he has not filed a human rights complaint and the
Grievor further agrees that he shall not file a human rights complaint against the
Employer, and that any nghts that he may othelW1Se have under the Ontario Human
Rights Code and any benefits that he might be entitled to under the Ontano Human
Rights Code have already been prcvided by the provisions of this agreement.
9 By the execution of this agreement the Grievor and the Union hereby release and
forever discharge the employer, its employees, agents, officiais, and servants of and
from all causes of action, actIons, claims, complaints, grievances, and demands of
any nature and kmd whatsoever ansing at common law, in equity, by statute or
otherwise arising out of or as a result of the Gnever s employment with the
Employer, including but not limited to all claims arising under the Collective
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Agreement, tho Employment Standams Act, the Freedom of Information and
ProtectIon of Privaoy Act: the Public Service Act and Its Regulations, and the
Ontario Human Rights Code, except for an outstanding WeB claim for benefits,
which claim shall not include any claim fOf reemployment with the Employer
10 The parties agree that the Grievance Settlement Board shall remain seized of any
dispute arising out of the interpretation or application of the provisions of this
agreement.
11. This agreement entirely concludes the grievance herein and this agreement shall
be made an order of the Grievance Settlement Board
his 24th day of March. 1997
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u He Service Emplo)rees Union
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Martin Blackhall
The Grievor ~'
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The CrcW1; in Right of Ontario
(Ministry of Community and Socia! Services)
The Employer
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