Grievance Settlement Board
GSB#2014-2293, 2014-2294
UNION#2014-0710-0004, 2014-0710-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Bava)
Union
- and -
The Crown in Right of Ontario (Ministry of Attorney General)
Employer
BEFORE
Reva Devins
Vice-Chair
FOR THE UNION
Christopher Bryden Ryder Wright Blair & Holmes LLP Counsel
FOR THE EMPLOYER
Peter Dailleboust Treasury Board Secretariat Legal Services Branch Counsel
CONFERENCE CALL
May 4, 2015
Decision
1The parties agreed that this matter should proceed as a mediation/arbitration under Article 22.16 of the Collective Agreement and is without precedential value.
Facts
2The parties entered into a Minute of Settlement (“MOS”), dated February 17, 2015, in which the Employer agreed to pay the Grievor certain sums, including one for retraining expenses. The payment for expenses was to be for the full net amount. Inadvertently, this payment was incorrectly treated as wages with the attendant deductions.
3The parties further agreed that the Grievor was to be provided with certain information ‘forthwith’ for use in future job applications. The Employer also failed to provide this information until it was brought to their attention by the Union, although it did so immediately after they were advised that the Grievor had not received the information.
Submissions
4The Union asserts that damages should be ordered for the Employer’s failure to comply with the terms of the MOS. It also requests a guarantee of payment within 7 days for all outstanding sums.
5The Employer submitted that the breaches were the result of unintentional errors, that it regrets the delays and remains prepared to rectify the payment error. It further maintained that it cannot guarantee payment within 7 days.
Decision
6Having considered the submission of the parties, I am of the view that the Grievor is entitled to speedy payment of the balance owing to her and that the Employer should take additional steps to clarify that this amount is not paid being paid as wages.
7I would therefore Order that, at the election of the Grievor, the Employer will either:
a. Issue a cheque for the balance owing to the Grievor within 14 calendar days of being advised of the Grievor’s election. The Employer will also send her a letter clarifying that they made an error when they paid the initial amount as wages and that both amounts represents the total amount owing for retraining expenses in accordance with paragraph 3 of their MOS;
Or,
b. The Grievor can remit a cheque or Money Order for the amount that was mistakenly paid to her and the Employer will issue a cheque for the full amount within 14 days of the Grievor’s remittance clearing with the Ministry of Finance.
8I decline to award any further remedy. The breaches of the MOS by the Employer were inadvertent and it is not appropriate in my view to order an amount in damages.
9I will remain seized in the event that an issue arises with respect to the interpretation or implementation of this decision.
Dated at Toronto, Ontario this 5th day of May 2015.