Common use of An assessment of performance Clause in Contracts

An assessment of performance. 3. The employee’s successful completion of a program or course of professional or technical education. [25] We disagree with XXX’s interpretation of subsection 10(2) of Bill 124. To add a new step to the wage grid would increase the total compensation above 1%, which would avoid the intent of the legislature to impose monetary restraint. Bill 124 must be read in context and harmoniously with the scheme of the legislation and the intention of the legislature. The context and scheme of the legislation is wage restraint being imposed on certain public sector employees. The introduction of a new step to the wage grid would be inconsistent with the scheme of the Bill 124 and undermine the intention of the legislature to impose wage and other compensation restraint. The purpose of the exemption relied upon by ONA is to preserve the right to move along existing salary grids or obtain an increase based on existing performance scales. The language was also necessary to clarify that the 1% wage increase was to be applied across existing salary grids and any wage increases based on movement on an existing wage grid does not count towards the 1% maximum total compensation. If it was the intention of the legislature to permit the parties or an arbitrator to introduce a new step in a wage grid, then they would have stated so in much clearer language. We are supported in our view by the recent award in St. Peter’s Residence at Chedoke (Thrive Group) and Niagara Healthcare and Service Workers Union, Local 302 affiliated with CLAC, 2020 CanLII 33060 (ON LA). [26] We note that the legislative criteria found in HLDAA provides this board of arbitration with general guidance, while granting us broad discretion to consider all relevant factors in coming to a decision. Arbitrator Xxxxxxx’x words in Corporation of the City of Toronto and Toronto Professional Firefighters Association, Local 3888, are instructive as to the application of statutory criteria to interest arbitration: Before considering the application of these criteria to the issues before us, it is important to observe that their application, as with the criteria found in other interest arbitration statutes, is not intended to cause a predetermined result. While requiring a board to put its mind to various factors that might be relevant to its ultimate determination, they do not abridge the broad discretion of an interest board of arbitration to consider and weigh all the relevant factors in any given case in coming to a freely determined result that is fair and reasonable in all the circumstances. The discretion given to an interest board of arbitration in this regard is fundamental to the functioning of an interest arbitration process that serves as an alternative to free collective bargaining under which the parties are able to resort to economic sanctions in the form of strike or lockout in support of their respective positions. Where the legislature, in its wisdom, decides that in the interest of the greater public good the right to free collective bargaining must be restricted to the extent that economic sanctions are not permitted, i.e. police, fire and health services, the alternative must be fair, impartial and transparent. This is why the statutory criteria, as found in the various interest arbitration statutes, including the Fire Protection and Prevention Act, do not remove the ultimate discretion of a board of interest arbitration to make a fair and impartial award that takes into account all relevant considerations.