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HomeMy WebLinkAbout1998-1937.Beer.02-03-11 Order ~M~ om~o EA1PLOYES DE LA COURONNE _Wi iii~~~i~T DE L 'ONTARIO COMMISSION DE REGLEMENT "IIIl__1I'" BOARD DES GRIEFS Ontario 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB#1937/98,0171/99 UNION# 99B307, 99B428 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Beer) Grievor -and- The Crown In Right of Ontario (Ministry of Health and Long-Term Care) Employer BEFORE Barry B Fisher Vice-Chair FOR THE GRIEVOR Ed Holmes Counsel Ryder Wright Blair & Doyle Barnsters & Solicitors FOR THE EMPLOYER Fateh Salim Counsel Legal Services Branch Management Board Secretariat HEARING March 6, 2002 2 AWARD ThIS case was ongmally before Vice-Chair Hams, however on consent of both of the partIes, It was transferred to me for adJudIcatIOn. ThIS case mvolves an allegatIOn by the Gnevor that he was unJustly suspended WIth pay on December 14 1998 and unJustly dIsmIssed on March 31 1999 The Gnevor was an unclassIfied part-tIme Cleaner I at the St. Thomas PsychIatnc HospItal The Employer has now conceded that the Gnevor was suspended WIthout Just cause and dIsmIssed WIthout Just cause therefore the only Issue to be determmed IS remedy The Umon's pOSItIOn IS that the Gnevor IS entItled to the value of hIS lost wages and benefits from Apnl 1 1999 to September 25 1999 a penod of 25 weeks I agree that thIS IS the proper remedy The Gnevor's average hours over thIS penod would have been 31 6 hours per week. His 1999 wage as a Cleaner I was $1505 per hour plus 8 16% m lIeu of paid vacatIOn and statutory holIdays Therefore hIS loss over 25 weeks IS $12,860 I therefore allow the gnevance and award as follows a) The Gnevor IS to receIve, wIthm 30 calendar days of thIS Award, the sum of $12,860 less appropnate deductIOns as reqUIred by law I remam seIzed to deal WIth any Issues ansmg from the mterpretatIOn or ImplementatIOn of thIS award. Da~e~ at Toronto thI~ .lIth day of March, 2002 Barry B FIsher Vice-Chair