Burden of proof

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12 result(s)

  • 1.

    Brassard v. Treasury Board (Immigration, Refugees and Citizenship Canada) - 2021 FPSLREB 130 - 2021-11-23

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Jurisdiction
    Reprisal
    Summary:  The complainant made a complaint under s. 133 of the Code, alleging that the respondent contravened s. 147, which protects employees from reprisals when they exercise their rights under Part II – the ...
  • 2.

    Lamothe v. Deputy Head (Department of Canadian Heritage) - 2021 FPSLREB 129 - 2021-11-22

    FPSLREB Decisions - Labour Relations
    Abandonment of position
    Absenteeism
    Aggressive behaviour
    Aggressive behaviour towards superior
    Burden of proof
    Credibility
    Employee attitude
    Insubordination
    Standing
    Summary:  The grievor filed several grievances, about a collective agreement violation, numerous disciplinary suspensions, and a declaration that he had abandoned his position – the employer objected to the Boa...
  • 3.

    Markovic v. Parliamentary Protective Service - 2021 FPSLREB 128 - 2021-11-22

    FPSLREB Decisions - Labour Relations
    Admissible evidence
    Burden of proof
    Jurisdiction
    Rejection on probation
    Termination (non-disciplinary)
    Terms and conditions of employment
    Summary:  The employer terminated the employee before his employment term expired – the employee filed a grievance against the termination – the employer objected to the adjudicator’s jurisdiction, alleging tha...
  • 4.

    Watson v. Deputy Minister of Public Works and Government Services - 2021 FPSLREB 122 - 2021-11-10

    FPSLREB Decisions - Staffing Complaints
    Burden of proof
    Summary:  The complainants alleged an abuse of authority in the application of merit and in the choice of a non-advertised appointment process – the two complaints at issue had been consolidated with four other...
  • 5.

    Tarek-Kaminker v. Treasury Board (Public Prosecution Service of Canada) - 2021 FPSLREB 120 - 2021-10-28

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Compressed workweek
    Credibility
    Flexible working hours
    Working conditions
    Summary:  The grievor grieved that the employer’s decision to terminate both her telework agreement and flexible compressed work schedule discriminated against her on the grounds of family status, religion, and...
  • 6.

    Boucher v. Deputy Head (Correctional Service of Canada) - 2021 FPSLREB 106 - 2021-09-15

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Insubordination
    Negligence
    Summary:  The deputy head imposed a three-day disciplinary suspension on the grievor for allowing an inmate to crawl on all fours in a correctional institution for two consecutive days and for ignoring her supe...
  • 7.

    Gordon v. Canada Revenue Agency - 2021 FPSLREB 99 - 2021-08-31

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Misconduct
    Reprimand
    Summary:  The grievor worked as a collections officer for the employer – the employer alleged that she disclosed confidential information about a taxpayer’s husband and that several times, she was unprofessiona...
  • 8.

    Petit v. Deputy Head (Department of Employment and Social Development) - 2021 FPSLREB 37 - 2021-04-13

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Conflict of interest
    Termination (disciplinary)
    Summary:  The grievor held a management position – her employment was terminated because she recommended that her daughter be hired without revealing their relationship – she contested the excessive nature of t...
  • 9.

    Joe v. Marshall - 2021 FPSLREB 27 - 2021-03-15

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Jurisdiction
    Management rights
    Unfair labour practice
    Union activity
    Union representative
    Summary:  The complainant, who was the local union president at the Correctional Service of Canada’s Matsqui Institution, made five unfair labour practice complaints stemming from a disciplinary investigation a...
  • 10.

    Fontaine v. Robertson - 2021 FPSLREB 19 - 2021-02-26

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Complaint
    Duty of fair representation
    Unfair labour practice
    Summary:  The complainant made an unfair-labour-practice complaint with the Board against his union representative and bargaining agent – he accused them of withdrawing his grievance and of acting arbitrarily a...
  • 11.

    Joe v. Treasury Board (Correctional Service of Canada) - 2021 FPSLREB 10 - 2021-01-29

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Unfair labour practice
    Summary:  The complainant alleged that the substitution of his one-day suspension with a letter of reprimand was an attempt to refrain him from exercising his rights to testify and pursue his grievance about th...
  • 12.

    Singh v. Senate of Canada - 2021 FPSLREB 2 - 2021-01-07

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Discrimination
    Termination (non-disciplinary)
    Summary:  The grievor had raised allegations of discrimination, based on race and colour, about his supervisor – the employer terminated his employment on notice or payment in lieu of notice – he grieved that h...