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ARTICLE · 17 APRIL 2018

Arbitrator States That Under The Restraint Legislation, A Director's Compensation Plan Is Frozen

Borden Ladner Gervais LLP
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The applicant stated that such language was absent in this case.

CanadaConsumer Protection

In a decision released on January 22, 2018, Arbitrator William Kaplan ruled on whether the provisions of the Broader Public Sector Accountability Act, 2010 ("BPSAA") applied to an employment agreement entered into between Superior-Greenstone District School Board (the "Board") and its Director of Education, David Tamblyn.

Mr. Tamblyn entered into an employment agreement with the Board on June 15, 2011. The agreement provided for an annual salary of $151,950.00 in the first year and significant staged increases every year thereafter ending on August 31, 2016. During this term, Mr. Tamblyn's compensation remained at the start rate. Mr. Tamblyn alleged that had the agreement been given effect, he would currently be enjoying a salary of $192,550.  He alleged that his loss was $154,131 from September 1, 2012 to January 1, 2018 and it is continuing.

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