Award Number 02-022

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Award Date: 2002-12-23
Arbitrator: McLaren, R.
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Municipality: Meaford-Thornbury
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Region: Central
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Classifications: Disbandment, Illness and Disability
Grievor: A/Chief S. Birchall
Appearances: No Appearance, for the Association, D.S. Thompson, for the Grievor, for the Association
M. Winter, for the Employer, for the Employer
Length of Award:7 pp
Collective Agreements Cit.
Statutory Cit. Police Services Act ss. 40, 124


Disbandment   - Uniform members - Severance entitlement of former Acting Chief - Grievor on long-term disability at time of hearing - Too many uncertainties to determine severance entitlement - Hearing adjourned - Interim award. Section 40

Illness and Disability   - Return to work - Disbandment of force - Not possible to determine severance entitlement of former Acting Chief while grievor still absent on long-term disability - Hearing adjourned - Interim award. Section 40

Award #

This section 40 hearing into the severance entitlement of the former Acting Chief began with the grievor giving evidence concerning his employment with the Board, and the periods during which he served as Acting Chief. In February 2002 the grievor had left on long-term disability, and was still absent on LTD at the time of the hearing. The O.P.P. had sent a “Statement of Good Intentions” to the grievor, but it was not an offer of full-time employment. Given the uncertainty surrounding the grievor’s return to active employment, the Arbitrator found that a severance package could not be determined until the facts were sufficiently clear. He adjourned the hearing sine die.

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