Section 40 Rights

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

Query Results
Classification Award # Award Date Arbitrator Municipality
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
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
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

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