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
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