P-2010-1944, P-2011-0436

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Achampong

Complainant

• and -

The Crown in Right of Ontario (Ministry of Government Services)

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE COMPLAINANT

Ethel Achampong

FOR THE EMPLOYER

Jennifer Richards Ministry of Government Services Labour Practice Group Counsel

SUBMISSIONS

June 20, 2012.

Decision

1On June 6, 2012 Ms. Achampong sought an order from the board for $1500 in damages for the employer’s alleged failure to pay the funds owing to her under Minutes of Settlement, executed May 15, 2012 within a reasonable time. The complainant sought an additional $1000 for each week until the funds owing under the settlement were paid in full. Ms. Achampong in a subsequent email to the board, in support of her request argued that the delay of three weeks in paying the initial funds to her suggests bad faith.

2The employer strenuously opposes the complainant’s plea for additional monies, noting that there was no time limit to pay the funds included in the Minutes of Settlement. More importantly, the employer argued that the funds were paid out and reimbursements made upon the receipt of proof of the expense from the complainant in a timely manner. The last monies owing under the Minutes of Settlement were couriered to the complainant and a designated third party on June 19, 2012.

3Having carefully considered the complainant’s request and the employer’s response I find that the request must be denied. There has been no breach of the Minutes of Settlement. There was no time limit included in the settlement document. However, the employer satisfied its obligations in a reasonable time. The emails between the parties indicate that the employer worked diligently to satisfy its obligations under the settlement. There was certainly no evidence of any bad faith.