HomeMy WebLinkAbout2016-1117.Fisher.18-02-12 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2016-1117
UNION# 2016-0368-0120
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Fisher) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Deborah J.D. Leighton Arbitrator
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Sia Romanidis
Treasury Board Secretariat
Employee Relations Advisor
HEARING October 18, 2017
- 2 -
Decision
[1] Ms. Donna Fisher, a retired Records Clerk, from the Central East
Correctional Centre, filed a grievance claiming, inter alia, that when she
became a classified employee in and around 2001-2002, she was
advised that she could buy back pension contributions, but it had to be
paid in a lump sum. She could not afford to do this. Subsequently, after
it was too late to opt for a “buy back” she discovered that the advice was
wrong. She alleges that the employer is responsible and should
therefore rectify the matter, so she receives a full pension. Further, she
seeks damages for her pain and suffering. The employer takes the
position that there is no evidence to support a breach of the collective
agreement.
[2] The parties referred this grievance to mediation/arbitration in
accordance with Article 22.16 of the collective agreement. At the outset
of the hearing, the parties agreed that I had the jurisdiction to deal with
these matters and asked that I issue a decision without precedent or
prejudice, and without written reasons.
[3] There was no evidence to support a breach of the collective agreement.
Consequently, having carefully considered the evidence and the
submissions of the parties on all the allegations, as well as the
jurisprudence of the Board, I hereby deny this grievance.
Dated at Toronto, Ontario this 12th day of February, 2018.
“Deborah J.D. Leighton”
___________________________
Deborah J.D. Leighton, Arbitrator