HomeMy WebLinkAbout2017-0787.Neniska.19-11-08 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#2017-0787
UNION#2017-0719-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Neniska) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Ken Petryshen Arbitrator
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Paul Meier
Treasury Board Secretariat
Counsel
HEARING
November 8, 2019
- 2 -
DECISION
[1] Mr. Neniska complains that the Employer breached a Memorandum of
Settlement (“Memorandum”) executed by the parties on September 8, 2017.
This complaint is being addressed pursuant to article 22.16 of the Collective
Agreement.
[2] There is no doubt that a breach of the Memorandum has occurred. However, the
parties were unable to agree on the appropriate remedy. Having considered the
relevant circumstances, I am satisfied that this matter should be addressed in the
following manner. The Employer is directed to ensure that its records reflect that
Mr. Neniska resigned his employment effective June 21, 2017. Having regard to
the nature of the breach, the Employer is directed to pay Mr. Neniska the sum of
$500.00 as damages. This amount is to be paid within sixty days from the date
of this decision.
Dated at Toronto, Ontario this 8th day of November 2019.
“Ken Petryshen”
Ken Petryshen, Arbitrator