Translation Policy: This specialized publication of awards, decisions and summaries is available in English only according to Regulation 671/92 which exempts it from translation under the French Language Services Act. To obtain information in French, please contact the Ontario Police Arbitration and Adjudication Commission at OPAAC@ontario.ca or 416-314-3520.
N.B. Awards and decisions relating to hearings where the clients have participated in both English and French will be released in both languages simultaneously.
Section 40 Rights
Severance issues arising from the abolition or reduction of a police force.
| Classification | Award # | Award Date | Arbitrator | Municipality |
|---|---|---|---|---|
|
Disbandment Arbitrator issuing interest award which included severance entitlements of members transferred to OPP - Implementation issues arose concerning costs associated with transfer of pensions - Board responsible for any shortfall to ensure members had same pensionable earnings - Supplementary award.
See Also: Disbandment, Pensions, Severance |
21-009
|
11/05/2021 | Kaplan, W | Orangeville |
|
Disbandment Uniform members - Section 40 arbitration - Determination of severance owing to estate of deceased officer - Officer continued to be paid during period of suspension beyond date of disbandment - Salary already paid cannot be retroactively changed to severance pay - Officer entitled to severance upon date of termination, when board stopped paying him.
See Also: Disbandment, Remedies, Severance, Severance Pay |
15-001
|
01/20/2015 | Trachuk, L. | Leamington |
|
Disbandment Arbitration pursuant to s. 40 of Police Services Act commenced in 2002 – Hearing adjourned because certain facts unknown at the time - Two conditions precedent to continuing with hearing now satisfied - Incumbent on parties to proceed to complete hearing.
See Also: Disbandment, Severance |
14-003
|
01/14/2014 | McLaren, R. | Meaford-Thornbury |
|
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
See Also: Disbandment, Illness and Disability |
02-022
|
12/23/2002 | McLaren, R. | Meaford-Thornbury |
|
Disbandment - Uniform members - Vacation entitlement upon disbandment - Acting Sergeant and Senior Constable transferred to OPP - Vacation entitlements superior under collective agreement - Compensable losses tied to reasonable notice period of one year. Section 40
See Also: Disbandment, Vacation |
02-020
|
11/27/2002 | McLaren, R. | Meaford-Thornbury |
|
Disbandment - Uniform members - Section 40 arbitration - Acting Sergeant hired by OPP as Senior Constable - Not appropriate to deem grievor to have been Sergeant for purposes of calculations under s. 40 - Grievor never confirmed as Sergeant - Comparison cannot be made on theoretical basis - Salary with OPP higher than salary of either permanent or acting classification with Employer.
Section 40
See Also: Disbandment, Pensions, Remedies, Rank |
02-019
|
11/27/2002 | McLaren, R. | Meaford-Thornbury |
Rows Returned: 6