S-4.2, r. 5.1 - Regulation respecting certain terms of employment applicable to officers of agencies and health and social services institutions

Section 130.12 Disposition versions

2012-09-01

130.12. Following a complaint submitted by an officer concerning a dismissal, non-renewal of engagement or termination of engagement with severance of the contractual employment relationship, the arbitrator, if he considers the employer’s decision to be unjustified, shall establish compensation for the loss of salary suffered by the officer. When calculating the amount of the compensation, the arbitrator shall take into account any salary or benefit received by the officer since the date on which his employment terminated.

He shall also order the employer and the officer to agree on a solution to dispose of the dispute, within 30 days following the date of his decision. The agreement may provide for:

(1)   reintegration of the officer in his position or in another position corresponding to his training and work experience, taking into account the requirements of the position to be filled;

(2)  damages, which may be for an amount equal to three to 12 months of salary for the officer. In such a case the officer shall benefit from the career transition services available to officers who have elected for reinstatement in accordance with section 94, for a period of 36 months;

(3)  the application of the employment stability measures prescribed for administrative reorganizations, in accordance with Chapter 5.

A copy of the agreement shall be sent to the arbitrator and to the Minister, not later than 5 days after the end of the period mentioned in the second paragraph.

T.B. 196312, s. 75; M.O. 2007-007, s. 10.