Home Council Arbitration rulings in Whitewater Region’s favour

Arbitration rulings in Whitewater Region’s favour

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by CONNIE TABBERT
Editor

COBDEN — Three legal battles with the Township of Whitewater Region set the coffers back just over $83,000.
The township was in arbitration with two employees and a court case regarding the purchase of dog tags. The total cost of the two arbitrations and one court case is $83,524.15.
In December 2013, the commencement of the dog tag provincial offences legal issues between the township and Gary Burns and John Felix Cull began. Throughout the next 27 months, there were various court dates.
On March 2, 2016, Mr. Burns and Mr. Cull asked that the legal proceedings be stayed and the justice of the peace agreed.
The total of the legal expenses is $15,436.74. The breakdown saw $2,173.96 spent in 2013; $1,982.05 in 2014; $6,460.81 in 2015 and $4,819.92 in 2016.
As to whether the township can recoup costs hasn’t yet been decided.
“I’m not sure,” said Chief Administrative Officer Christine FitzSimons, adding, “It’s under discussion.”
The arbitration for Adam Burns began after he was terminated for theft of township gasoline.
After many months, the township was successful in having just cause for his termination. The total expense for the township is $37,122.89.
The arbitration for Robert Afelskie began after he was laid off from the township. After many months, the township was successful in having just cause for layoff and the grievance of harassment against the public works manager was also in the township’s favour.
The township spent $30,964.52 in legal and human resources expenses related to the arbitration.
““This is money that has been paid out,” CAO FitzSimons said. “When the union brings forward an arbitration, it comes with significant costs.”
There was no settlement paid to the employees.
Once officially notified at last night’s council meeting, Mayor Hal Johnson said, “It’s expensive to be right.”
CAO FitzSimons said there are legal expenses built into the budget.
“There are bits and pieces that come up through the year that we need legal consultation,” she said. “Many larger municipalities either have clerks who are lawyers or have in-house counsel. We’re not large enough to do that so we retain legal services.”

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