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HomeMy WebLinkAbout2016-2836.Smieja.22-07-04 Decision GSB# 2016-2836; 2017-1094; 2017-1919; 2017-3587; 2020-2070 UNION# 2017-0601-0004; 2017-0601-0007; 2017-0601-0011; 2018-0601-0002; 2020-0601-0003 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Smieja) Union - and - The Crown in Right of Ontario (Ministry of Children, Community and Social Services) Employer BEFORE Christopher Albertyn Arbitrator FOR THE UNION Rebecca Jones Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Regina C. Wong Treasury Board Secretariat Legal Services Branch Counsel SUBMISSIONS Written Submissions received Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 - 2 - Decision [1] Previous decisions have been issued in this matter. A final decision was issued on January 6, 2021, with a subsequent, clarifying decision issued on August 26, 2021. The August 26, 2021 decision addressed issues that the Grievor had raised regarding the final decision. [2] The August 26, 2021 decision left one matter outstanding. The Employer was given an opportunity to respond to the Grievor’s 6th claim that double CPP and EI deductions were made from his disability benefits received in 2013. [3] The Employer filed a detailed submission on this issue on January 14, 2022. That submission explains that the Employer was required to deduct EI and CPP from the payments it made to the Grievor in 2021, pursuant to the January 6, 2021 decision, and that the Grievor may qualify for special tax treatment via a “Qualifying retroactive lump-sum payment” (CRA Form T1198), which he can submit to Revenue Canada relating to the payment attributable to 2013. [4] The Employer’s submission makes clear that there was no double deduction of EI and CPP for the disability benefits the Grievor received in 2013. [5] In the circumstances, nothing more remains in this matter. Payments have been made to the Grievor by the Employer in accordance with the decision of January 6, 2021. Dated at Toronto, Ontario this 4th day of July, 2022. “Christopher Albertyn” ________________________ Christopher Albertyn, Arbitrator