City Council votes in favour of settlement with Toronto Municipal Professionals

Settlement for eligible non-union employees amounts to $4-5 million

TORONTO, May 20, 2011 /CNW/ - Yesterday evening, Toronto City Council voted to accept the recommendations made by the City Solicitor and the City Manager in regards to the Employment Standards Act (ESA) complaint to pay City management staff their performance bonuses for 2008. These recommendations were put forward following productive settlement discussions between the Toronto Municipal Professionals (TMP) and senior representatives from the City.

"We are extremely pleased with Council's support of the recommendations for the claimants and that the re-earnable performance pay will be extended to all eligible non-union employees as requested by TMP Counsel in our submission to the Employment Standards Officer," stated Richard Long, spokesperson for the TMP.

The settlement relates to a decision by City Council in April of 2009 to retroactively deny payment of the re-earnable performance pay to eligible non-union employees.

A decision was rendered in March of this year in favour of the ESA complaint to secure the re-earnable performance pay. The Employment Standards Officer responsible for the decision concluded that, "the 2009 Operating Budget included a pay for performance model that was both deliberated and approved on March 31, 2009 by City Council which vested the performance pay entitlements....There is nothing in writing, whatsoever, that supports the submission City Council subsequently could withdraw its approval."

Although acting on behalf of a small number of claimants, Counsel for the Toronto Municipal Professionals, Tracey Henry of Cavalluzzo, Hayes, Shilton, McIntyre and Cornish, requested that the Employment Standards Officer exercize his discretion under the Act to extend the award to all eligible employees and not just members of the Toronto Municipal Professionals.  Said Henry, "The TMP believes that it is only fair that you receive the re-earnable pay if you are in fact eligible to receive it."

Acknowledging the argument of TMP Counsel, the Employment Standards Officer concluded, "I find it within my powers under the said Act to further enforce payment accordingly for all City of Toronto non-union staff eligible for the re-earnable lump sum payment for the work period of January 1, 2008 to December 31, 2008."

The settlement is expected to cost the City in the range of $4-5 million. The TMP is an association of non-union City of Toronto employees including managers, supervisors and professionals from various divisions across the City.

SOURCE Toronto Municipal Professionals

For further information:

Tracey Henry, TMP Counsel, Cavalluzzo, Hayes, Shilton, McIntyre and Cornish at 416-436-9298 or

Richard Long, TMP Spokesperson at 416-603-2200 x 2255 or 416-346-6525

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Toronto Municipal Professionals

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