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.

Query Results
Classification Award # Award Date Arbitrator Municipality
Severance Pay   Calculation - Uniform members - Section 40 arbitration - Quantum of severance owing to estate of deceased member - Severance agreement negotiated between association and board applied with modifications as necessary - Officer entitled to 1.25 months of severance pay per year of service, 12% in lieu of benefits, and vacation pay - Estate of officer not entitled to death benefit, pension contributions or sick leave payout - Supplementary award.
See Also: Remedies, Severance, Severance Pay
Download PDF file 15-006 11/05/2015 Trachuk, L. Leamington
Severance Pay   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
Download PDF file 15-006 11/05/2015 Trachuk, L. Leamington
Severance Pay   Entitlement - Uniform members - Section 40 arbitration - Determination of severance owing to estate of deceased officer - Police service disbanded - Officer facing Criminal Code and Police Services Act charges not offered employment with OPP - Officer ’s employment extended beyond date of disbandment during period of suspension with pay - Officer’s service continued to date he was terminated, when board stopped paying him - Severance package negotiated between association and board a reasonable one - Outstanding issues with respect to life insurance, other benefits and vacation pay - Quantum of severance to be determined.
See Also: Disbandment, Remedies, Severance, Severance Pay
Download PDF file 15-001 01/20/2015 Trachuk, L. Leamington
Severance Pay   Calculation - Uniform members - Section 40 arbitration - Arbitrator appointed to determine amount of severance owing to police officer upon disbandment of police service - Board seeking production of documents relating to M’s mitigation efforts - Documents in question arguably relevant to issue of whether M mitigated his losses - Preliminary award
See Also: Procedural Issues, Severance Pay
Download PDF file 14-011 09/30/2014 Trachuk, L. Leamington
Severance Pay   Calculation – Section 40 arbitration – Calculation of wage loss to be based on salary at time of Disbandment – Supplementary award.
See Also: Pensions, Severance Pay, Supplementary Awards
Download PDF file 00-006 04/18/2000 Knopf, P. Kingsville
Severance Pay   Calculation – Section 40 - Supplementary award concerning amount of severance owing upon disbandment – Grievor Staff Sergeant with over 26 years of service who retired at age 52 only because of disbandment – Severance arrangements in other jurisdictions reached through collective bargaining or interest arbitration not persuasive – Town’s civilian redundant exit provision relevant – Grievor awarded one month’s salary for every year of Seniority – Interest not awarded.
See Also: Severance Pay, Supplementary Awards
Download PDF file 00-005 03/10/2000 Knopf, P. Kingsville

Rows Returned: 6