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 |
---|---|---|---|---|
Severance Disbandment of force - Board obligated to pay any shortfall to ensure members employed by OPP had same pensionable earnings - Supplementary award.
See Also: Disbandment, Pensions, Severance |
21-009 | 11/05/2021 | Kaplan, W | Orangeville |
Severance Uniform members - Section 40 arbitration - Quantum of severance owing to estate of deceased member - Severance agreement negotiated between association and board should be applied to officer - Severance agreement subject to modifications consistent with the fact that officer’s employment was terminated after disbandment - Supplementary award.
See Also: Remedies, Severance, Severance Pay |
15-006 | 11/05/2015 | Trachuk, L. | Leamington |
Severance Entitlement - Uniform members - Section 40 arbitration - Quantum of severance owing to estate of deceased member - Board’s obligation to pay severance did not cease with officer’s death - Supplementary award.
See Also: Remedies, Severance, Severance Pay |
15-006 | 11/05/2015 | Trachuk, L. | Leamington |
Severance Uniform members - Section 40 arbitration - Determination of severance owing to estate of deceased officer - Officer’s employment continued during period of suspension with pay - Board terminated officer’s employment once Divisional Court found board had no authority to continue prosecution of disciplinary charges under Police Services Act - Salary paid to officer during two-year period after disbandment was not severance pay - Officer entitled to same severance package as that negotiated between association and board.
See Also: Disbandment, Remedies, Severance, Severance Pay |
15-001 | 01/20/2015 | Trachuk, L. | Leamington |
Severance Disbandment of municipal police force - Hearing of severance claim of former acting chief commenced in 2002 - Proceeding adjourned because of uncertainty surrounding whether applicant would remain on LTD or receive employment offer from OPP - Applicant since transitioned from LTD to pension - Uncertainty removed - No impediment to proceeding under s. 40 of Police Services Act.
See Also: Disbandment, Severance |
14-003 | 01/14/2014 | McLaren, R. | Meaford-Thornbury |
Severance Civilian members - Arbitration pursuant to s. 40 of Police Services Act - Members entitled to severance payment of one month multiplied by entitlement factor - Members entitled to additional week multiplied by entitlement factor in recognition of loss of rights under collective agreement - Members further entitled to continued pension and benefits for entitlement period or 20% in lieu - Members to elect receipt of severance by retiring allowance lump sum payment or salary continuation - Transition allowances, letters of reference and access to internal job postings for municipal government to be made available.
See Also: Severance |
12-013 | 12/05/2012 | Knopf, P. | Hanover |
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