PSGB# P-2021-0273

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Walker

Complainant

• and -

The Crown in Right of Ontario (Ministry of Children, Community and Social Services)

Employer

BEFORE

Marilyn A. Nairn

Vice-Chair

FOR THE COMPLAINANT FOR THE EMPLOYER

Christopher Gibson Ryan Edmonds Workplace Counsel Counsel Felix Lau

Treasury Board Secretariat Legal Services Branch Counsel

REPRESENTATIONS

June 7 and 15, 2022

Decision

1This complaint was resolved by the parties at the hearing on December 21, 2021. At that time the parties entered in a Memorandum of Settlement. The terms of that settlement have not as yet been fully complied with by the Employer.

2A case conference was convened on June 7, 2022 to determine the cause of the delay, which apparently included certain payment errors, following which, the parties agreed that this Order should issue. In the result, the Employer is hereby directed to review and verify the deductions and payments as required by the Memorandum of Settlement dated December 21, 2021, and specifically paragraph 7. The following review and verification is to be completed by the Employer by no later than Friday, July 15, 2022.

a) Specifically, the legal fees under the settlement were agreed to be paid out of the amount calculated for back wages, and paid directly to the law firm in trust, prior to any applicable statutory deductions or deductions for group benefit plans and pension plan payable on the balance owing to the Complainant. If required, the Employer will reimburse the Complainant for any improper deductions made under the Memorandum of Settlement.

b) The Employer will also review and verify the Complainant’s pension deductions, including specifically for Pay Run No 1203.

c) The Employer will also review and verify the Complainant’s benefit deductions, which appear to have been calculated assuming the Complainant was receiving 9 months of backpay.

3The Complainant will cooperate with any reasonable requests by the Employer to facilitate the correction of any payment errors identified through the review set out above.