Awards and decisions will be released in the language of the hearing. However, these documents will be translated in French or English at the request of a party to the proceedings, or at the discretion of the Commission upon request from a member of the public. Awards and decisions relating to hearings where the clients have participated in both English and French will be released in both languages simultaneously.

Section 40 Rights

Severance issues arising from the abolition or reduction of a police force.

Query Results
Classification Award # Award Date Arbitrator Municipality
Severance Pay   Calculation - Uniform members - Section 40 arbitration - Quantum of severance owing to estate of deceased member - Severance agreement negotiated between association and board applied with modifications as necessary - Officer entitled to 1.25 months of severance pay per year of service, 12% in lieu of benefits, and vacation pay - Estate of officer not entitled to death benefit, pension contributions or sick leave payout - Supplementary award.
See Also: Remedies, Severance, Severance Pay
Download PDF file 15-006 11/05/2015 Trachuk, L. Leamington
Severance Pay   Entitlement - Uniform members - Section 40 arbitration - Quantum of severance owing to estate of deceased member - Board’s obligation to pay severance did not cease with officer’s death - Supplementary award.
See Also: Remedies, Severance, Severance Pay
Download PDF file 15-006 11/05/2015 Trachuk, L. Leamington
Severance   Uniform members - Section 40 arbitration - Quantum of severance owing to estate of deceased member - Severance agreement negotiated between association and board should be applied to officer - Severance agreement subject to modifications consistent with the fact that officer’s employment was terminated after disbandment - Supplementary award.
See Also: Remedies, Severance, Severance Pay
Download PDF file 15-006 11/05/2015 Trachuk, L. Leamington
Severance   Entitlement - Uniform members - Section 40 arbitration - Quantum of severance owing to estate of deceased member - Board’s obligation to pay severance did not cease with officer’s death - Supplementary award.
See Also: Remedies, Severance, Severance Pay
Download PDF file 15-006 11/05/2015 Trachuk, L. Leamington
Remedies   Damages - Duty to mitigate - Uniform members - Section 40 arbitration - Quantum of severance owing to estate of deceased member - Onus on board to demonstrate that officer failed to mitigate his losses - Severance agreement negotiated between board and association applied to officer with necessary modifications - Under severance agreement, terminated employees required only to apply to OPP - Officer not subject to any more demanding mitigation terms than other members - No requirement to mitigate lost salary - Alternatively, board failed to demonstrate that officer did not do so - Supplementary award.
See Also: Remedies, Severance, Severance Pay
Download PDF file 15-006 11/05/2015 Trachuk, L. Leamington
Section 40   PROCEDURAL ISSUES - Adjournment - Uniform members - Arbitrator appointed to determine amount of severance payable to estate of deceased officer - Prior award determined date when officer was terminated and identified type of severance package but did not determine actual amount of severance payable - Adjournment to seek judicial review of prior award not appropriate since arbitrator’s task not yet completed - Request for adjournment denied.
See Also: Section 40
Download PDF file 15-003 02/09/2015 Trachuk, L. Leamington
Severance Pay   Entitlement - Uniform members - Section 40 arbitration - Determination of severance owing to estate of deceased officer - Police service disbanded - Officer facing Criminal Code and Police Services Act charges not offered employment with OPP - Officer ’s employment extended beyond date of disbandment during period of suspension with pay - Officer’s service continued to date he was terminated, when board stopped paying him - Severance package negotiated between association and board a reasonable one - Outstanding issues with respect to life insurance, other benefits and vacation pay - Quantum of severance to be determined.
See Also: Disbandment, Remedies, Severance, Severance Pay
Download PDF file 15-001 01/20/2015 Trachuk, L. Leamington
Severance   Uniform members - Section 40 arbitration - Determination of severance owing to estate of deceased officer - Officer’s employment continued during period of suspension with pay - Board terminated officer’s employment once Divisional Court found board had no authority to continue prosecution of disciplinary charges under Police Services Act - Salary paid to officer during two-year period after disbandment was not severance pay - Officer entitled to same severance package as that negotiated between association and board.
See Also: Disbandment, Remedies, Severance, Severance Pay
Download PDF file 15-001 01/20/2015 Trachuk, L. Leamington
Disbandment   Uniform members - Section 40 arbitration - Determination of severance owing to estate of deceased officer - Officer continued to be paid during period of suspension beyond date of disbandment - Salary already paid cannot be retroactively changed to severance pay - Officer entitled to severance upon date of termination, when board stopped paying him.
See Also: Disbandment, Remedies, Severance, Severance Pay
Download PDF file 15-001 01/20/2015 Trachuk, L. Leamington
Remedies   Damages - Uniform members - Section 40 arbitration - Determination of severance owing to estate of deceased officer - Estate argued board breached duty of care by proceeding with disbandment of service before Criminal Code and Police Services Act charges against officer were determined - Arbitrator’s jurisdiction limited to determining severance payable to officer as a result of disbandment - No jurisdiction to award damages.
See Also: Disbandment, Remedies, Severance, Severance Pay
Download PDF file 15-001 01/20/2015 Trachuk, L. Leamington
Remedies   Costs - Uniform members - Section 40 arbitration - Determination of severance owing to estate of deceased officer - Estate seeking payment of legal costs incurred by officer in defending himself against Police Services Act charges and expenses related to arbitration proceeding - Arbitrator has no jurisdiction to order payment of legal costs related to disciplinary proceeding - Pursuant to s. 124(6) of PSA parties required to pay their own costs and expenses of arbitration proceeding.
See Also: Disbandment, Remedies, Severance, Severance Pay
Download PDF file 15-001 01/20/2015 Trachuk, L. Leamington
Procedural Issues   - Production of documents - Uniform members - Section 40 arbitration - Arbitrator appointed to determine amount of severance owing to police officer upon disbandment of police service - Estate of officer seeking production of documents and particulars - If board paid higher severance to other members, details of such severance agreements arguably relevant - Majority of documents sought by estate not relevant to the issue of quantum of severance pay owing - Preliminary award.
See Also: Procedural Issues, Severance Pay
Download PDF file 14-011 09/30/2014 Trachuk, L. Leamington
Severance Pay   Calculation - Uniform members - Section 40 arbitration - Arbitrator appointed to determine amount of severance owing to police officer upon disbandment of police service - Board seeking production of documents relating to M’s mitigation efforts - Documents in question arguably relevant to issue of whether M mitigated his losses - Preliminary award
See Also: Procedural Issues, Severance Pay
Download PDF file 14-011 09/30/2014 Trachuk, L. Leamington
Disbandment   Arbitration pursuant to s. 40 of Police Services Act commenced in 2002 – Hearing adjourned because certain facts unknown at the time - Two conditions precedent to continuing with hearing now satisfied - Incumbent on parties to proceed to complete hearing.
See Also: Disbandment, Severance
Download PDF file 14-003 01/14/2014 McLaren, R. Meaford-Thornbury
Severance   Disbandment of municipal police force - Hearing of severance claim of former acting chief commenced in 2002 - Proceeding adjourned because of uncertainty surrounding whether applicant would remain on LTD or receive employment offer from OPP - Applicant since transitioned from LTD to pension - Uncertainty removed - No impediment to proceeding under s. 40 of Police Services Act.
See Also: Disbandment, Severance
Download PDF file 14-003 01/14/2014 McLaren, R. Meaford-Thornbury
Severance   Civilian members - Arbitration pursuant to s. 40 of Police Services Act - Members entitled to severance payment of one month multiplied by entitlement factor - Members entitled to additional week multiplied by entitlement factor in recognition of loss of rights under collective agreement - Members further entitled to continued pension and benefits for entitlement period or 20% in lieu - Members to elect receipt of severance by retiring allowance lump sum payment or salary continuation - Transition allowances, letters of reference and access to internal job postings for municipal government to be made available.
See Also: Severance
Download PDF file 12-013 12/05/2012 Knopf, P. Hanover
Disbandment   - Uniform members - Severance entitlement of former Acting Chief - Grievor on long-term disability at time of hearing - Too many uncertainties to determine severance entitlement - Hearing adjourned - Interim award. Section 40
See Also: Disbandment, Illness and Disability
Download PDF file 02-022 12/23/2002 McLaren, R. Meaford-Thornbury
Illness and Disability   - Return to work - Disbandment of force - Not possible to determine severance entitlement of former Acting Chief while grievor still absent on long-term disability - Hearing adjourned - Interim award. Section 40
See Also: Disbandment, Illness and Disability
Download PDF file 02-022 12/23/2002 McLaren, R. Meaford-Thornbury
Pensions   - Uniform members - Disbandment - Acting Sergeant transferred to OPP as Senior Constable - Loss of contribution holiday with Employer pension plan partially offset by higher salary earned with OPP - Grievor awarded difference between salary increase and increased pension contributions. Section 40
See Also: Disbandment, Pensions, Remedies, Rank
Download PDF file 02-019 11/27/2002 McLaren, R. Meaford-Thornbury
Disbandment   - Uniform members - Vacation entitlement upon disbandment - Acting Sergeant and Senior Constable transferred to OPP - Vacation entitlements superior under collective agreement - Compensable losses tied to reasonable notice period of one year. Section 40
See Also: Disbandment, Vacation
Download PDF file 02-020 11/27/2002 McLaren, R. Meaford-Thornbury
Remedies   - Costs - Uniform members - Disbandment - Divisional Court decision indicating arbitrators have authority to issue costs determinations in these matters - Arbitrator fixing costs of grievor’s representation. Section 40
See Also: Disbandment, Pensions, Remedies, Rank
Download PDF file 02-019 11/27/2002 McLaren, R. Meaford-Thornbury
Vacation   - Uniform members - Disbandment of force - Grievors transferred to OPP - Vacation entitlements superior under collective agreement - Loss of vacation days offset by increase in total compensation upon transfer to OPP. Section 40
See Also: Disbandment, Vacation
Download PDF file 02-020 11/27/2002 McLaren, R. Meaford-Thornbury
Rank   - Disbandment of force - Grievor may have suffered loss of opportunity to become permanent Sergeant due to administrative confusion in period preceding disbandment - Compensation awarded in recognition of loss of rank and status upon transfer to OPP. Section 40
See Also: Disbandment, Pensions, Remedies, Rank
Download PDF file 02-019 11/27/2002 McLaren, R. Meaford-Thornbury
Disbandment   - Uniform members - Section 40 arbitration - Acting Sergeant hired by OPP as Senior Constable - Not appropriate to deem grievor to have been Sergeant for purposes of calculations under s. 40 - Grievor never confirmed as Sergeant - Comparison cannot be made on theoretical basis - Salary with OPP higher than salary of either permanent or acting classification with Employer. Section 40
See Also: Disbandment, Pensions, Remedies, Rank
Download PDF file 02-019 11/27/2002 McLaren, R. Meaford-Thornbury
Supplementary Awards   Arbitration pursuant to Section 40 of Police Services Act – Parties seeking direction on issues of salary differential and pension loss – Not appropriate to assume salary increases during period of notice – Board liable for amount its pension contribution would have been but for OMERS contribution holiday.
See Also: Pensions, Severance Pay, Supplementary Awards
Download PDF file 00-006 04/18/2000 Knopf, P. Kingsville
Pensions   Section 40 arbitration – In assessing pension loss Board liable for amount its contribution would have been, but for OMERS contribution holiday – Supplementary award.
See Also: Pensions, Severance Pay, Supplementary Awards
Download PDF file 00-006 04/18/2000 Knopf, P. Kingsville
Severance Pay   Calculation – Section 40 arbitration – Calculation of wage loss to be based on salary at time of Disbandment – Supplementary award.
See Also: Pensions, Severance Pay, Supplementary Awards
Download PDF file 00-006 04/18/2000 Knopf, P. Kingsville
Supplementary Awards   Arbitration pursuant to Section 40 of Police Services Act – Parties unable to agree on amount of severance owing to Staff Sergeant – Assessment of economic loss must encompass loss of employment as police officer under collective agreement and must reflect years of service.
See Also: Severance Pay, Supplementary Awards
Download PDF file 00-005 03/10/2000 Knopf, P. Kingsville
Severance Pay   Calculation – Section 40 - Supplementary award concerning amount of severance owing upon disbandment – Grievor Staff Sergeant with over 26 years of service who retired at age 52 only because of disbandment – Severance arrangements in other jurisdictions reached through collective bargaining or interest arbitration not persuasive – Town’s civilian redundant exit provision relevant – Grievor awarded one month’s salary for every year of Seniority – Interest not awarded.
See Also: Severance Pay, Supplementary Awards
Download PDF file 00-005 03/10/2000 Knopf, P. Kingsville

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