Court File and Parties
CITATION: Bingham v. Her Majesty The Queen in Right of Ontario, 2011 ONSC 5720
DIVISIONAL COURT FILE NO.: 37/11
DATE: 20110927
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, PARDU AND HARVISON YOUNG JJ.
BETWEEN:
TIMOTHY BINGHAM Applicant
– and –
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the MINISTRY OF GOVERNMENT SERVICES Respondent
Counsel:
In Person
Cathy Phan and George Parris, for the Respondent
HEARD at Toronto: September 27, 2011
Oral Reasons for Judgment
by the court
[1] The applicant submits that the Public Service Grievance Board erred in determining that he was not entitled to statutory benefits provided for employees who are terminated or laid off. He concedes that his statutory entitlements depend on a finding that his employment was terminated or that he was laid off.
[2] In our view, the Board was correct in concluding that the end of the applicant’s employment resulted from an agreement by the applicant and the employer to part ways.
[3] In the context of grievances filed by the applicant to resolve other work issues, that the Record of Employment, which we have examined, indicated that the reason for severance of the employment relationship was “shortage of work/end of contract or season” does not undermine this conclusion. The contract of employment came to an end by agreement and in exchange for valuable consideration the applicant released all other rights. The applicant’s employment was not terminated by the employer.
[4] Accordingly, the application is dismissed.
COSTS
[5] This application is dismissed for oral reasons delivered today. Costs payable by the applicant to the respondent fixed at $3,000.00.
JENNINGS J.
PARDU J.
HARVISON YOUNG J.
Date of Reasons for Judgment: September 27, 2011
Date of Release: October 3, 2011
CITATION: Bingham v. Her Majesty The Queen in Right of Ontario, 2011 ONSC 5720
DIVISIONAL COURT FILE NO.: 37/11
DATE: 20110927
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, PARDU AND HARVISON YOUNG JJ.
BETWEEN:
TIMOTHY BINGHAM Applicant
– and –
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the MINISTRY OF GOVERNMENT SERVICES Respondent
ORAL REASONS FOR JUDGMENT
BY THE COURT
Date of Reasons for Judgment: September 27, 2011
Date of Release: October 3, 2011