IN THE MATTER OF AN ARBITRATION PURSUANT TO A CONTRACTUAL,
AGREEMENT TO ARBITRATE AND THE POLICE SERVICES ACT RS.0, 1990 as amended
BETWEEN
CHIEF MURRAY RODD and DEPUTY CHIEF TIM FARQUHARSON
(Hereinafter referred to as the “Applicants”)
-and-
PETERBOROUGH POLICE SERVICES BOARD,
(Hereinafter referred to as “the PPSB” or “the Successor Board”)
SOLE ARBITRATOR: Richard H. McLaren, C.Arb.
COUNSEL FOR THE APPLICANTS: Jan Johnstone
COUNSEL FOR THE PPSB: Craig R. Lawrence
A Preliminary Hearing in relation to this matter was held at PETERBOROUGH, ONTARIO, on
6 May 2015 with an Interim Award issued on 12 May 2015. A Hearing on the merits was held
on 8 June 2015. This Award is issued pursuant to the jurisdiction retained in the Award issued
on 22 June 2015.SUPPLEMENTARY AWARD,
In the Award issued on 22 June 2015 I retained jurisdiction to complete the remedy in that
Award in the following terms:
Twill retain jurisdiction over the determination of the remedy in this Award for 45 days
from the date herein. Counsels are directed to determine what amounts are owed under
the contracts, If they are unable to reach an agreement as to the amount owed to each
Applicant within 15 days of the date of this Award either party may invoke the retention of
jurisdiction by written notice to the Arbitrator within the above time frame. If no request
10 reconvene and determine the remedy in this Award is received within the time frames
set out then the Arbitrator will no longer have any jurisdiction to make the Award whole
and determine the remedy in this matter.
2. On 23 June 2015 counsel for the PPSB requested an extension of the time limits in the
above award. That request was granted on consent on the 24th of June, 2015.
3. On 10 July 2015 counsel for the Applicants requested that I exercise my retention of
jurisdiction and complete the Award of 22 June 2015 in respect of remedy. The purpose
of this Supplementary Award is issued pursuant to the jurisdiction I held in respect of that
Award.
4. Subject to the Decision rendered on 22 June 2015 in this case, I reiterate the premise of
the matter as disputed contractual entitlements as a result of the termination of an
employment relationship. It was ordered that the Applicants, Chief Murray Rodd and
Deputy Chief Tim Farquharson, are entitled to payment’ pursuant to their employment
agreement with the Peterborough Police Services Board.
5. Clause 10A of Chief Rodd's and Deputy Chief Farquharson’s contacts are virtually
identical. As the Successor Board assumed the liabilities of the Applicants’ contracts with
the Predecessor Board pursuant to section 10A of the Applicants’ contracts with the PPSB
it agreed to:
adopt any liability that may exist and be owing to the Chief [Deputy Chief]
under Section 10 of the Predecessor Employment Contract as a result of the de-
amalgamation of the Peterborough Lakefield Community Police Services effective
January 1, 2015.
6. Pursuant to the quoted retention of jurisdiction the parties worked out the compensation
and requested that I turn their work into this Supplementary Award.7. It is ordered that the PPSB pay Chief Rodd the sum of $248,920.86 (comprised of: i)
$206,789.70 (2014 Annual Salary), ii) $31,131.16 (the value of one year's contributions to
OMERS) and iii) $11,000.00 (car allowance). It is futher ordered that the PPSB pay
1) $178,000.00 (2014
Annual Salary), ii) $24,829.46 (the value of one year's contributions to OMERS) and iii)
$7,500.00 (car allowance)),
Deputy Chief Farquharson the sum of $210,329.46 (comprised
8. The above lump sum of $248,920.86 less any statutory deductions is to be paid to Chief
Rodd and $210,329.46 less any statutory deductions is to be paid to Deputy Chief
Farquharson. These payments are to be made not later than 30 days from the date of this
Supplementary Award,
DATED at LONDON, ONTARIO this 17th day of JULY, 2015.
Richard H. McLaren, C.Arb
Arbitrator