HomeMy WebLinkAbout2012-3907.Grievor.20-12-15 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# 2012-3907; 2017-0647
UNION# 2013-0338-0001; 2016-0338-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Grievor) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Ken Petryshen Arbitrator
FOR THE UNION Christopher Bryden
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING December 14, 2020
- 2 -
Decision
[1] I have before me an appeal relating to the denial of Long Term Disability
Benefits for the any-occupation period which began on July 15, 2015. The hearing of
the Grievor’s claim on appeal was held on December 14, 2020. Having heard from the
parties at the hearing, I hereby make the following directions:
1. The Claimant will receive LTIP any-occupation benefits from July 15, 2015, to
December 14, 2020.
2. Manulife will continue to administer the Claimant’s claim in accordance with
the terms of the Collective Agreement and such other applicable documents
governing the Claimant’s LTIP entitlements.
3. If the insurer denies the claim for the any-occupation period, the Claimant
retains the right to file an appeal in accordance with the Parties’ Memorandum of
Settlement with Addendum dated July 20, 1999, and Memorandum of Settlement
dated May 17, 2001, regarding JIBRC and CRS and the June 15, 2015
Memorandum of Settlement.
4. The parties further agree that the June 15, 2015 Memorandum of Settlement
regarding the termination grievance continues to apply.
Dated at Toronto, Ontario this 15th day of December, 2020.
“Ken Petryshen”
________________________
Ken Petryshen, Arbitrator