Christian Labour Association of Canada v. Lifecare Management Inc. (c.o.b. as Marsdale Retirement Residence), 2001 CanLII 8832

2407-00-U Christian Labour Association of Canada, Applicant v. Lifecare Management Inc. (c.o.b. as Marsdale Retirement Residence), Responding Party.

BEFORE: Christopher J. Albertyn, Vice-Chair.

APPEARANCES: William Anderson and Henk De Zoete for the applicant; John Baxter and Carole Bennett for the responding party.

DECISION OF THE BOARD; April 18, 2001

1. This is an unfair labour practice complaint.

2. On April 4, 2001 the parties concluded Minutes of Settlement, which read:

Ontario Labour Relations Board

Board File 2407-00-U

Between: Christian Labour Association of Canada

Applicant

And

Lifecare Management Inc. (c.o.b. as Marsdale Retirement Residence)

Responding Party

Whereas the Union has filed an application under section 96 of the act

And Whereas the Parties are desirous of settling all matters outstanding between them in relation to Board File 2407-00-U, the parties request that the Board incorporate this [sic] minutes into a Board Order.

Now therefore the parties agree as follows:

1. The Responding Party and John Baxter undertake and agree not to file any complaint with the College of Nurses against Bernice Blake, nor will any other employee or agent of the Responding Party file a complaint on behalf of, at the direction of or with the consent of the Responding Party and/or John Baxter, in relation to any matter or thing arising during Bernice Blake employment with the Responding Party.

Further, the Responding Party and John Baxter confirm and acknowledge that they have no information, knowledge or belief which would rise to a complaint to the College of Nurses against Bernice Blake, specifically including any matters alleged prior to the termination of Bernice Blake’s employment which termination has been revoked by the Responding Party. If requested by the College of Nurses, the Responding Party and John Baxter will confirm the above and that the Responding Party and John Baxter have no knowledge which would cause them to believe that Bernice Blake has “emotionally abused” any resident or acted in an unprofessional manner.

2. Bernice Blake hereby tenders her resignation for personal reasons effective April 7, 2001. The Responding Party agrees and accepts.

3. The responding party agrees to seal Bernice Blake personal file and replace all the information in that file with a letter that reads as follows:

To Whom It May Concern:

Re: Bernice Blake

Bernice Blake worked at Marsdale Retirement Residence as a RPN From September 1995, to April 7, 2001.

At the time of her resignation, she was been [sic] paid at the rate of $12.95 per hours.

Kindly yours,

John Baxter

4. In the event that Marsdale Retirement Residence is contacted by any person or perspective employer with respect to her employment, Marsdale Retirement Residence will direct all inquiries to John Baxter, who will respond according to the letter above.

5. The Responding Party shall Pay Bernice Blake the amount of $6500.00, within 30 calendar days from the date of this agreement. This money shall be allocated as general damages.

6. The Responding Party agrees to abide by the full terms and conditions of the collective agreement and the Ontario Labour Relations Act.

7. The Applicant agrees to withdraw the policy grievance filed November 30^th, 2000 and the grievance filed on March 2^nd, 2001.

Dated at Cambridge this 4th day of April, 2001.

For the Applicant For the Responding Party

Lifecare Management Inc.

(“Bernice L. Blake”) Per: J. Baxter ASO

(“Henk De Zoete”)

3. Pursuant to the Minutes of Settlement, the Board makes the following declarations and orders and issues the following directions.

4. The responding party is directed to comply with its obligations in paragraphs 1, 3, 4, 5 and 6 of the Minutes.

5. The applicant is directed to comply with its obligation in paragraph 6 of the Minutes.

6. The proceedings in this matter are terminated.

“Christopher J. Albertyn”

for the Board