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ARTICLE · 09 MARCH 2018

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

Borden Ladner Gervais LLP
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Arbitrator William Kaplan ruled on whether the provisions of the Broader Public Sector Accountability Act, 2010 applied to an employment agreement.

CanadaEmployment and HR

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 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 total loss amounted to $154,131 from September 1, 2012 to January 1, 2018 and that it still continued.

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