Burden of proof

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11 result(s)

  • 1.

    Maillet v. Treasury Board (Department of Employment and Social Development) - 2014 PSLRB 16 - 2014-02-10

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Job description
    Summary:  The grievor alleged that the employer had breached the Statement of Duties provision of his collective agreement by not providing him with a statement of duties that was current and complete - during ...
  • 2.

    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...
  • 3.

    Martin v. Treasury Board (Department of Veterans Affairs) - 2014 PSLRB 37 - 2014-03-20

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Compensation
    Discretionary leave
    Managerial discretion
    Weather
    Summary:  The grievor was in England when the Eyjafjallajökull volcano in Iceland erupted and forced the closure of European airspace - she reported back to work five working days late - her collective agr...
  • 4.

    McElrea and Treasury Board (Industry Canada) - 1999-06-14

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Compensation
    Summary:  Suspension (10 days) - Discipline - Burden of proof - at the beginning of the hearing, the employer announced that it would adduce no evidence in support of the discipline imposed on the grievor - the...
  • 5.

    McFarlane v. Professional Institute of the Public Service of Canada - 2015 PSLREB 27 - 2015-03-19

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Duty of fair representation
    Summary:  The complainant complained that her bargaining agent breached its duty of fair representation by refusing to represent her at the adjudication of her two grievances and to represent her in a judicial ...
  • 6.

    McNeil v. Treasury Board (Department of National Defence) - 2014 PSLRB 48 - 2014-04-28

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Extension of time
    Procedure
    Termination (disciplinary)
    Time limit
    Summary:  The applicant grieved a notification of termination - the employer challenged the adjudicator’s jurisdiction because the grievance was not filed within the time limits set out in the collective agreem...
  • 7.

    Melançon et al. v. Treasury Board - 2014 PSLRB 7 - 2014-01-22

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Compensation
    Discrimination
    Human rights
    Occupational group
    Pay equity
    Wage differential
    Summary:  The complainants filed pay equity complaints on behalf of all ASs working in the compensation stream, alleging a violation of section 11 of the Canadian Human Rights Act (CHRA) - they alleged that the...
  • 8.

    Miller v. Treasury Board (Correctional Service of Canada) - 2013 PSLRB 164 - 2013-12-19

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Correctional officer
    Duty to accommodate
    Grievance procedure
    Human rights
    Jurisdiction
    People with disabilities
    Summary:  The grievor had experienced a workplace injury that led to a claim under the Government Employees Compensation Act (GECA) - the GECA provides that an employee injured in an accident in the course of e...
  • 9.

    Mongeon v. Treasury Board (Department of Public Works and Government Services) - 2014 PSLRB 66 - 2014-06-21

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Compensation
    Injury-on-duty leave
    Jurisdiction
    Summary:  The grievor contested the employer’s denial of her request for injury-on-duty leave, contrary to article 37 of the collective agreement - she alleged that the refusal resulted in her forced retirement...
  • 10.

    Morin v. Statistical Survey Operations - 2006 PSLRB 55 - 2006-05-15

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Misconduct
    Termination (disciplinary)
    Summary:  The grievor worked for Statistics Canada’s Statistical Survey Operations Division as an interviewer - the employer terminated her employment because she had failed to use the applicable procedure duri...
  • 11.

    Morin v. Treasury Board (Department of Fisheries and Oceans) - 2006 PSLRB 35 - 2006-03-24

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Jurisdiction
    Rejection on probation
    Summary:  The employer dismissed the grievor while he was on probation - the employer objected that an adjudicator has no jurisdiction to hear a grievance relating to a rejection on probation - the employer add...