Ron Doobay v. Kitchener Civic Employees Union Local #68 of the Canadian Union of Public Employees, 2001 CanLII 9507

0961-01-U Ron Doobay, Applicant v. Kitchener Civic Employees Union Local #68 of the Canadian Union of Public Employees, Responding Party v. City of Kitchener, Intervenor.

BEFORE: Christopher J. Albertyn, Vice-Chair.

DECISION OF THE BOARD; December 27, 2001

1. This decision concerns a request for reconsideration of a decision issued on November 20, 2001. That decision read: “Pursuant to the Minutes of Settlement concluded by the parties, the application is withdrawn by leave of the Board”.

2. The applicant now says he did not understand “what the settlement meant, and felt pressured into it.”

3. The Minutes of Settlement upon which the Board’s decision was issued read:

OLRB File No. 0961-01-U

IN THE MATTER OF AN APPLICATION

FILED PURSUANT TO THE LABOUR RELATIONS ACT, 1995

Between:

Ron Doobay

(“Applicant”)

-and-

Kitchener Civic Employees Union

Local 68 of the Canadian Union of Public Employees

(“Responding Party”)

-and-

The Corporation of the City of Kitchener

(“Intervenor”)

MINUTES OF SETTLEMENT

IN FULL AND FINAL SETTLEMENT of OLRB file no. 0961-01-U (“the Application”), the parties agree as follows:

1. The applicant requests leave of the Board to withdraw his application, OLRB file 0961-01-U;

2. The Intervenor will convert the Applicant’s “for cause” termination of October 30, 2000 into a voluntary resignation. It is understood, however, that this does not prejudice the Intervenor’s right to rely on the cause for discharge, including the Applicant’s employment and disciplinary record, in any future proceeding or process involving the Applicant. It is further understood that the Intervenor will not rely on, or make reference to, the Applicant’s employment record in responding to any reference checks;

3. The Intervenor will provide the Applicant a Letter of Reference in the form attached;

4. The Applicant will execute a Release, in the form attached;

5. The Parties confirm that they each have obtained independent legal advice prior to executing these Minutes and the attached Release and that they have entered into same in good faith and in contemplation of the resolution of all issues between them.

AGREED AT KITCHENER, ONTARIO on the 9^th day of November, 2001,

“Ron Doobay” “Gord Walsh” “Douglas Patterson”

The Applicant For the Responding Party For the Intervenor

Ron Doobay Gord Walsh Douglas Patterson

4. Paragraph 5 of the Minutes of Settlement makes clear that the applicant obtained independent legal advice before signing the document. In the circumstances, the applicant cannot now claim that he did not understand what the settlement meant. As to the pressure he felt, there is nothing in the applicant’s submissions which suggest he was under duress when he concluded the Minutes of Settlement. Accordingly the applicant will not be permitted to resile from them.

5. The request for reconsideration is dismissed.

“Christopher J. Albertyn”

for the Board