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   Disbandment of force - Board obligated to pay any shortfall to ensure members employed by OPP had same pensionable earnings - Supplementary award.
See Also: Disbandment, Pensions, Severance
Download PDF file 21-009 11/05/2021 Kaplan, W Orangeville
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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