Section 40 Rights

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

Query Results
Classification Award # Award Date Arbitrator Municipality
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
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
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

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