Article 40 – Droits

Les résultats
Classification # de sentence arbirale Date de la sentence arbitrale Arbitre Municipalité
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.
Voir aussi: Remedies, Severance, Severance Pay
Télécharger le fichier PDF 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.
Voir aussi: Remedies, Severance, Severance Pay
Télécharger le fichier PDF 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.
Voir aussi: Remedies, Severance, Severance Pay
Télécharger le fichier PDF 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.
Voir aussi: Remedies, Severance, Severance Pay
Télécharger le fichier PDF 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.
Voir aussi: Remedies, Severance, Severance Pay
Télécharger le fichier PDF 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.
Voir aussi: Section 40
Télécharger le fichier PDF 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.
Voir aussi: Disbandment, Remedies, Severance, Severance Pay
Télécharger le fichier PDF 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.
Voir aussi: Disbandment, Remedies, Severance, Severance Pay
Télécharger le fichier PDF 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.
Voir aussi: Disbandment, Remedies, Severance, Severance Pay
Télécharger le fichier PDF 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.
Voir aussi: Disbandment, Remedies, Severance, Severance Pay
Télécharger le fichier PDF 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.
Voir aussi: Disbandment, Remedies, Severance, Severance Pay
Télécharger le fichier PDF 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.
Voir aussi: Procedural Issues, Severance Pay
Télécharger le fichier PDF 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
Voir aussi: Procedural Issues, Severance Pay
Télécharger le fichier PDF 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.
Voir aussi: Disbandment, Severance
Télécharger le fichier PDF 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.
Voir aussi: Disbandment, Severance
Télécharger le fichier PDF 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.
Voir aussi: Severance
Télécharger le fichier PDF 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
Voir aussi: Disbandment, Illness and Disability
Télécharger le fichier PDF 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
Voir aussi: Disbandment, Illness and Disability
Télécharger le fichier PDF 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
Voir aussi: Disbandment, Pensions, Remedies, Rank
Télécharger le fichier PDF 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
Voir aussi: Disbandment, Vacation
Télécharger le fichier PDF 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
Voir aussi: Disbandment, Pensions, Remedies, Rank
Télécharger le fichier PDF 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
Voir aussi: Disbandment, Vacation
Télécharger le fichier PDF 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
Voir aussi: Disbandment, Pensions, Remedies, Rank
Télécharger le fichier PDF 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
Voir aussi: Disbandment, Pensions, Remedies, Rank
Télécharger le fichier PDF 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.
Voir aussi: Pensions, Severance Pay, Supplementary Awards
Télécharger le fichier PDF 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.
Voir aussi: Pensions, Severance Pay, Supplementary Awards
Télécharger le fichier PDF 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.
Voir aussi: Pensions, Severance Pay, Supplementary Awards
Télécharger le fichier PDF 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.
Voir aussi: Severance Pay, Supplementary Awards
Télécharger le fichier PDF 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.
Voir aussi: Severance Pay, Supplementary Awards
Télécharger le fichier PDF 00-005 03/10/2000 Knopf, P. Kingsville

Rows Returnedz: 29