Six years ago, after nearly 31 years of teaching at Green Grass Elementary School, Linnea decided it
Question:
Six years ago, after nearly 31 years of teaching at Green Grass Elementary School, Linnea decided it was time to retire. Four years prior to her retirement, the Saskatchewan government had been looking to cut costs by reducing the number of senior teachers. Green Grass School’s bargaining unit had entered into a new collective agreement with the province that implemented a retirement incentive policy with the local school board. Under the guidelines listed in the retirement incentive policy, retired teachers were to receive a retirement bonus. In the ensuing years, the province was forced to gut the number of school boards in the province from 83 to 27, necessitating a completely different management structure. Linnea was disappointed to learn, upon retirement, that the new school board management refused payment of the retirement incentive bonus, but she decided not to pursue the matter at the time. Having recently discovered that her roof needs replacement, Linnea has decided it might be worthwhile contacting her old union to see if it would grieve on her behalf to collect the several thousand dollars she lost out on when she was refused the retirement bonus. The union has agreed and is seeking the amount she would have been entitled to plus six years of interest. What steps can Linnea’s old employer take to avoid paying the bonus? What arguments can the employer make to convince the arbitrator that no such order should be made?
Step by Step Answer:
Managing the Law The Legal Aspects of Doing Business
ISBN: 978-0132164429
4th edition
Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer