Ministry of Children and Family Development and BCGEU - October 15, 2009 #996

The employer filed a grievance seeking repayment of a portion of the STIIP and LTD benefits paid to the member alleging a right of subrogation in relation to insurance settlement funds that had been received by the member for a motor vehicle accident. The member had received a global lump sum settlement amount with no allocation for specific heads of damage.

The arbitrator issued a lengthy award identifying principles of calculation including the formula for deduction of legal fees. The arbitration will now issue an award on the union's argument that the grievance was filed out of time.

Tagged in: Long Term Disability