Numéro de sentence arbitrale 15-003

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Award Date:	2015-02-09
Arbitre:	Trachuk, L. Voir les prix par Trachuk, L.
Municipalité:	Leamington Voir les prix а partir de Leamington
Région:	South West Voir les prix а partir de South West
Classifications:	Section 40
Plaignant:	Officer M.
Comparutions:	J. Mauro, for Officer M, pour l'Association S.M. Porter, for the Employer, pour l'employeur
Longueur:	3 pp
Référence conventions collective
Référence législative

Sommaire

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Section 40   PROCEDURAL ISSUES - Adjournment - Uniform members - Arbitrator appointed to determine amount of severance payable to estate of deceased officer - Prior award determined date when officer was terminated and identified type of severance package but did not determine actual amount of severance payable - Adjournment to seek judicial review of prior award not appropriate since arbitrator’s task not yet completed - Request for adjournment denied.

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Réalités

The arbitrator was appointed to determine the amount of severance payable to the estate of a deceased member, Officer M. In a prior award dated January 20, 2015 [OPAC #15-001] the arbitrator found that Officer M was employed by the board until April 27, 2013 and was entitled to severance after that date. She also found that Officer M was entitled to a severance package equivalent to the package negotiated on behalf of other members of the service who were also terminated due to disbandment of the force. The arbitrator did not determine the quantum of severance owed because she required further information and submissions from the parties. Dates were set for providing these submissions. The board requested an adjournment of the proceeding so that it could seek judicial review of the January 20, 2015 award. The estate of Officer M opposed the request.

Argument

The board argued that an adjournment would promote efficiency because if the application for judicial review was successful, no further submissions would be required.

# de sentence arbirale

Since the amount of severance payable had not yet been determined, the arbitrator’s task was not completed and the award dated January 20, 2015 was preliminary. If the application for judicial review did not succeed, the amount of severance would still have to be determined. Thus interrupting the proceedings while the board sought judicial review could lead to more, not less, delay and expense. Completing the arbitration hearing by quantifying the severance payable would lead to a more appropriate decision-making sequence because the court would then have all relevant information in any judicial review proceeding. Request for adjournment denied.

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