Awards and decisions will be released in the language of the hearing. However, these documents will be translated in French or English at the request of a party to the proceedings, or at the discretion of the Commission upon request from a member of the public. 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.

Query Results
Classification Award # Award Date Arbitrator Municipality
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
Download PDF file 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
Download PDF file 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
Download PDF file 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
Download PDF file 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
Download PDF file 02-019 11/27/2002 McLaren, R. Meaford-Thornbury

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