MEMORANDUM OF SETTLEMENT
AMONG:
Sts. Peter & Paul Ukrainian Community Homes
(the “Employer”)
-
and Canadian Union of Public Employees (Local 4890)
(the “Union”)
- and Anushiya Yoganathan
(the “Grievor”)
WHEREAS the Employer and the Union are parties to a Collective Agreement (the “Collective
Agreement”) and the Grievor was employed by the Employer as a member of the bargaining
unit under the Collective Agreement;
AND WHEREAS the Grievor’s employment was terminated by the Employer on December
14, 2020;
AND WHEREAS the Union filed a grievance (#12-17-2020) (the “Grievance”) with respect to
the termination of the Grievor’s employment;
AND WHEREAS the Employer, the Union and the Grievor have agreed to fully and finally
settle all matters relating to the Grievor’s employment, the termination of the Grievor’s
employment and the Grievance on the terms and conditions contained in this Memorandum
of Settlement.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1.
Grievance Resolved - The Grievance is hereby withdrawn and considered fully
resolved. The Union will not file any further grievances or legal proceedings in relation
to Grievor’s employment, termination of employment, or the subject matter of the
Grievance.
2.
Payment - The Employer will pay the Grievor $2,500, less applicable deductions,
and payable as a relinquishing rights under the collective agreement by direct
deposit.
3.
Letter - The Employer will provide the Grievor with a letter of employment confirming
her title, duties and seniority. The Employer will respond to prospective employers in
a manner consistent with the letter of employment.
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4.
Release - In consideration of the above payment and terms, and for other good and
valuable consideration the receipt of which is hereby acknowledged, the Grievor
releases and forever discharges the Employer, its successors or assigns and any
corporation, organization or entity associated with or related to the Employer and their
respective directors, officers, employees, shareholders and agents (collectively
referred to as the “Releasees”) from any and all actions, causes of action, claims,
grievances, complaints and demands whatsoever and, without limiting the generality
of the foregoing, all actions, causes of action, claims, grievances, complaints and
demands arising from the Grievor’s employment with the Employer or the termination
of the Grievor’s employment, including any claims, statutory or otherwise, under any
benefit plans in which the Grievor participated during the Grievor’s employment, and
any claims for salary, wages, commissions, bonus, benefits, pension, overtime pay,
sick pay, vacation pay, holiday pay, termination pay, severance pay, damages,
compensation in lieu of notice and reinstatement in employment, including any
express or implied right under the Collective Agreement, the Employment Standards
Act, 2000 (Ontario), the Human Rights Code (Ontario), the Labour Relations Act, 1995
(Ontario) or any other statute or regulation.
5.
Without Precedent - The parties agree that the settlement is made on a without
precedent basis.
6.
No Admission - These Minutes of Settlement do not constitute an admission of
liability or unlawful, improper or irregular conduct by any party. They are enforceable
as such, but are otherwise without precedent, and shall not otherwise be relied on in
any action, grievance, application, complaint or proceeding of any description, or for
any other purpose.
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Representation –. The Employee agrees he has entered into this settlement
voluntarily and without duress. Is Further agree and understood that the Releasor
hereby releases and discharges the Canadian Union of Public Employees and its
Local Union agents, employees and representatives from any and all claims or
complaints which the Releasor has or may have arising from and in connection with
her employment. Without limiting the generality of the foregoing, the Releasor
expressly acknowledges that the Union has represented her fairly in the conduct of all
matters with her employment
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Non-Disparagement - The Grievor agrees that she will not comment (including on
social mediate) in any adverse fashion on the Employer, its directors, officers,
employees or agents.
9.
Employees Personnel File - Except as may be required by law, the Employer will not
disclose the contents of the Grievors’ personnel file and it shall remain confidential
pursuant to the Employer’s policies.
10.
Confidentiality - The parties agree that they will not disclose the terms of the
Memorandum of Settlement or the discussions surrounding the Memorandum of
Settlement except to the extent that disclosure is required by law, though the Grievor
may disclose to her immediate family upon advising such immediate family that they
must also keep these terms confidential.
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11
Signature - This Memorandum of Settlement may be signed electronically (e.g.
scanned pdf) and in counterparts with each separate document when read together
constituting one and the same written instrument.
Dennis Levesque
Dennis Levesque (Mar 29, 2021 09:53 _
EDT)
_
Dennis Levesque
Sts. Peter & Paul Ukrainian Community Homes
Date
Virginia Sosa
Virginia Sosa (Mar 29, 2021 11:24 EDT)
Virginia Sosa
Canadian Union of Public Employees
(Local 4890)
Date
Anushiya Yoganathan
Anushiya Yoganathan (Apr 10, 2021 00:26 EDT)
Anusha Yoganathan
Canadian Union of Public Employees
(Local 4890)
Hr/cope491
Date