Incapacity

Syntax: "", OR, AND, EXACT(), /p, /s, /n
Advanced Search

22 result(s)

  • 1.

    Beattie v. Treasury Board (National Defence) - 2000 PSSRB 12 - 2000-02-11

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Incapacity
    Termination (non-disciplinary)
    Summary:  Termination (non-disciplinary) - Psychiatric incapacity - Lack of evidence about the possibility of returning to work in the foreseeable future - at the outset of the hearing the bargaining agent info...
  • 2.

    Singh v. Treasury Board (Public Works and Government Services Canada) - 2000 PSSRB 39 - 2000-05-04

    FPSLREB Decisions - Labour Relations
    Incapacity
    Jurisdiction
    Termination (non-disciplinary)
    Summary:  Termination (non-disciplinary) - Incapacity - Denial of a security clearance - Stay of proceedings - Jurisdiction - employer offered the grievor to join another sector of the department - she was told...
  • 3.

    Djan v. Treasury Board (Correctional Service of Canada) - 2001 PSSRB 60 - 2001-06-11

    FPSLREB Decisions - Labour Relations
    Discrimination
    Duty to accommodate
    Incapacity
    Job performance
    Jurisdiction
    Termination (non-disciplinary)
    Summary:  Jurisdiction - Termination (non-disciplinary) - Incapacity - Disability - Duty to accommodate - Subsection 91(1) of the Public Service Staff Relations Act (PSSRA) - Effect of the exercise by the Canad...
  • 4.

    Jamieson v. Treasury Board (National Defence) - 2002 PSSRB 102 - 2002-12-10

    FPSLREB Decisions - Labour Relations
    Incapacity
    Qualification
    Termination (non-disciplinary)
    Training
    Workforce adjustment
    Summary:  Termination (non-disciplinary) - Failure to obtain required certification - the grievor started working as a certified plumber in 1978, and in June 1981, he joined the Department of National Defence (...
  • 5.

    McConnell v. Canada Customs and Revenue Agency - 2004 PSSRB 46 - 2004-06-01

    FPSLREB Decisions - Labour Relations
    Grievance procedure
    Incapacity
    Jurisdiction
    Termination (non-disciplinary)
    Summary:  Termination (non-disciplinary) - Separate employer - Disciplinary termination alleged - Jurisdiction - Grievance procedure - the grievor had been absent from work due to medical reasons for a period o...
  • 6.

    Zhang v. Treasury Board (Privy Council Office) - 2005 PSLRB 173 - 2005-12-08

    FPSLREB Decisions - Labour Relations
    Incapacity
    Security clearance
    Termination (non-disciplinary)
    Summary:  The grievor held an indeterminate position with Industry Canada as an IS-05 -- the grievor was offered and accepted the equivalent position at the Privy Council Office (PCO) and was advised that she w...
  • 7.

    Kerr-Alich v. Treasury Board (Department of Social Development) - 2007 PSLRB 33 - 2007-03-29

    FPSLREB Decisions - Labour Relations
    Discrimination
    Incapacity
    Summary:  The grievor worked part-time as a service delivery representative at a location in downtown Toronto - prior to the end of her first employment term, she sustained a shoulder injury at work that led to...
  • 8.

    Pepper v. Treasury Board (Department of National Defence) - 2008 PSLRB 8 - 2008-01-28

    FPSLREB Decisions - Labour Relations
    Duty to accommodate
    Harassment
    Incapacity
    Reinstatement
    Termination (non-disciplinary)
    Summary:  Following a workplace conflict, the grievor went on medical leave for several years - the grievor referred a harassment grievance to adjudication - the employer and the grievor engaged in a lengthy me...
  • 9.

    English-Baker v. Treasury Board (Department of Citizenship and Immigration) - 2008 PSLRB 24 - 2008-04-22

    FPSLREB Decisions - Labour Relations
    Discrimination
    Duty to accommodate
    Incapacity
    Termination (non-disciplinary)
    Summary:  The grievor was terminated for medical incapacity - she grieved the termination and a breach of a clause in the collective agreement prohibiting discrimination - the grievor’s bargaining agent also ar...
  • 10.

    Sioui v. Deputy Head (Correctional Service of Canada) - 2009 PSLRB 44 - 2009-04-09

    FPSLREB Decisions - Labour Relations
    Correctional officer
    Duty to accommodate
    Incapacity
    Termination (non-disciplinary)
    Summary:  The grievor was terminated, for incapacity, from his position as a correctional officer under subsection 12(1) of the Financial Administration Act - the grievor had been absent from work for five year...
  • 11.

    McNeil v. Treasury Board (Department of National Defence) - 2009 PSLRB 84 - 2009-07-07

    FPSLREB Decisions - Labour Relations
    Discrimination
    Duty to accommodate
    Grievance procedure
    Incapacity
    Jurisdiction
    Summary:  In May 2005, the grievor grieved that the employer had not allowed him to resume the duties of his position since October 2003 - the grievor had been injured on duty two years before and had suffered ...
  • 12.

    Lovell and Panula v. Canada Revenue Agency - 2010 PSLRB 91 - 2010-08-20

    FPSLREB Decisions - Labour Relations
    Incapacity
    Jurisdiction
    Termination (non-disciplinary)
    Summary:  The grievors grieved that the termination of their employment for incapacity was discriminatory and that it was in violation of their collective agreement and the CHRA - the employer objected to the j...
  • 13.

    Fontaine v. Deputy Head (Department of Fisheries and Oceans) - 2012 PSLRB 91 - 2012-09-07

    FPSLREB Decisions - Labour Relations
    Duty to accommodate
    Incapacity
    Termination (non-disciplinary)
    Summary:  The grievor contested his termination for incapacity from a position classified CR-04 pursuant to subsection 12(1) of the Financial Administration Act - conflicts at work had forced the grievor to tak...
  • 14.

    Gauthier v. Treasury Board (Canadian Forces Grievance Board) - 2012 PSLRB 102 - 2012-09-28

    FPSLREB Decisions - Labour Relations
    Discrimination
    Incapacity
    Retirement
    Summary:  The grievor challenged the employer’s decision to terminate her employment due to incapacity - she alleged that the employer forced her to opt for retirement, depriving her of the benefits provided in...
  • 15.

    Mutart v. Deputy Head (Department of Public Works and Government Services) - 2013 PSLRB 90 - 2013-08-01

    FPSLREB Decisions - Labour Relations
    Absence certification
    Discrimination
    Duty to accommodate
    Incapacity
    Jurisdiction
    Leave without pay
    Reinstatement
    Termination (non-disciplinary)
    Summary:  The grievor had been on leave without pay ("LWOP") due to his disability for six years when the employer asked him to return to work, medically retire or resign - the grievor medically retired and all...
  • 16.

    Burke v. Deputy Head (Department of National Defence) - 2014 PSLRB 79 - 2014-08-21

    FPSLREB Decisions - Labour Relations
    Aggressive behaviour
    Burden of proof
    Employee attitude
    Incapacity
    Jurisdiction
    Managerial discretion
    Medical examination
    Summary:  The grievor contested what he characterized as his wrongful dismissal - the employer had refused to allow him to return to work following a period of sick leave - the employer raised a preliminary obj...
  • 17.

    Paquette v. Treasury Board (Parole Board of Canada) - 2016 PSLREB 25 - 2016-03-22

    FPSLREB Decisions - Labour Relations
    Absenteeism
    Incapacity
    Medical examination
    People with disabilities
    Summary:  The grievor returned to work after sick leave – although her work schedule was reduced and her workload was lightened, she was unable to meet the job requirements – she challenged the employer’s decis...
  • 18.

    St-Denis v. Deputy Head (Department of Public Works and Government Services) - 2019 FPSLREB 46 - 2019-04-18

    FPSLREB Decisions - Labour Relations
    Discrimination
    Duty to accommodate
    Incapacity
    People with disabilities
    Termination (non-disciplinary)
    Summary:  The grievor was terminated for incapacity pursuant to the Financial Administration Act – she claimed that she went on sick leave as a result of being bullied, harassed, and discriminated against by he...
  • 19.

    Emard v. Treasury Board (Correctional Service of Canada) - 2019 FPSLREB 66 - 2019-07-05

    FPSLREB Decisions - Labour Relations
    Burden of proof
    Correctional officer
    Discrimination
    Duty to accommodate
    Grievance procedure
    Incapacity
    People with disabilities
    Procedure
    Time limit
    Summary:  The grievor filed a grievance against her employer’s decision to not pay her salary from the date on which her doctor declared her able to return to work in an institution other than that of her subst...
  • 20.

    Cowman v. Deputy Head (Department of Transport) - 2024 FPSLREB 81 - 2024-06-17

    FPSLREB Decisions - Labour Relations
    Incapacity
    Jurisdiction
    Resignation
    Summary:  The grievor resigned from his civil aviation inspector position with the employer to pursue a similar job with a private airline – shortly after that, he learned that he had a grave illness and sought...
  • 21.

    Cayen v. Public Service Alliance of Canada - 2025 FPSLREB 4 - 2025-01-17

    FPSLREB Decisions - Labour Relations
    Duty of fair representation
    Incapacity
    Time limit
    Summary:  The complainant made a complaint under s. 190(1)(g) of the FPSLRA, alleging that the respondent violated its duty of fair representation when it refused to file a grievance on his behalf in relation t...
  • 22.

    McNeil v. Deputy Head (Department of Agriculture and Agri-Food) - 2025 FPSLREB 178 - 2025-12-29

    FPSLREB Decisions - Labour Relations
    Discrimination
    Duty to accommodate
    Incapacity
    Termination (non-disciplinary)
    Summary:  The grievor grieved his termination for medical incapacity. He alleged that the employer’s decision to end his employment was disciplinary, discriminatory based on disability, and tainted by bad faith...