S-4.2, r. 5.2 - Regulation respecting certain terms of employment applicable to senior administrators of agencies and of public health and social services institutions

Section 151 Disposition versions

2012-09-01

151. The arbitrator’s decision is enforceable and without appeal. It binds the senior administrator and the employer. It is homologated by the Supreme Court upon application of the senior administrator or the employer, the whole at the employer’s expense.

Where the arbitrator finds the employer’s decision to be justified, he shall maintain that decision.

Where the arbitrator finds the employer’s decision to be unjustified or to contravene Division 1 of Chapter 6, he shall determine a compensation for any salary lost by the senior administrator. In computing the compensation, the arbitrator shall take into account in particular any salary or benefits received by the senior administrator in the public and parapublic sector since the end of his employment.

Moreover, the arbitrator shall order the employer to apply one of the following measures:

(1)  the payment to the senior administrator of a compensation equal to 12 months of his salary;

(2)  the application to the senior administrator of the employment stability measures prescribed in Chapter 5 of this Regulation.

The compensation and benefits granted to the senior administrator by decision of the arbitrator shall be paid by the employer concerned.

O.C. 1217-96, s. 151.