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HomeMy WebLinkAbout2010-2127.Martin.11-06-14 DecisionCommission de Crown Employees Grievance UqJOHPHQWGHV Settlement Board griefs GHVHPSOR\pVGHOD Couronne Suite 600 180 Dundas St. West Bureau 600 Toronto, Ontario M5G 180, rue Dundas Ouest 1Z8 Toronto (Ontario) M5G Tel. (416) 326-1388 1Z8 Fax (416) 326-1396 7pO   7pOpF   GSB#2010-2127 UNION#2010-0551-0010 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Martin) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFOREDaniel Harris Vice-Chair FOR THE UNIONJackie Crawford Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYERNicholas Sapp Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING June 6, 2011. - 2 - Decision [1]This matter came on for a mediation-arbitration hearing on June 6, 2011. It involves an alleged overpayment made by the employer to the grievor for periods of time she was receiving short-term disability benefits. For a different period her benefits had expired. The employer says it erroneously continued her full salary throughout those periods. The grievor has subsequently been granted long-term disability benefits for part of those periods. [2]To date, the employer has failed to provide a proper accounting for the alleged overpayments. [3]Having heard the submissions of the parties, I order that the employer provide the following: Particulars of the alleged overpayment including the total said to be owing and a detailed accounting of how the amount has been calculated; Copies of the original Workforce Information Network records pertaining to the grievor for 2008 through 2011 inclusive; Copies of pay records for the grievor with an accounting of vacation credits, sick credits, pension and benefits deductions for the period 2008 through 2011 inclusive; &RQILUPDWLRQRIWKHJULHYRU¶VFRQWLQXRXVVHUYLFHGDWH Any and all correspondence between the employer and its human resources department and/or 2QWDULR6KDUHG6HUYLFHVUHJDUGLQJWKHJULHYRU¶Vabsences from work, return to work and periods of accommodation for 2008 through 2011 inclusive; Any other arguably relevant documents for the period 2008 through 2011 inclusive. [4]It is also ordered that the employer not withhold any monies from payments to the grievor in respect of the alleged overpayment unless the amount is agreed by the parties or determined by the Board. th Dated at Toronto this 14 day of June 2011. Daniel Harris, Vice-Chair