Section 40 Rights

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

Query Results
Classification Award # Award Date Arbitrator Municipality
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
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
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
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
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

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