FPSLREB Decisions
Decision Information
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Decision Content
Public Service
Labour Relations Act
- Date: 2011-02-24
- File: 566-02-1374
- Citation: 2011 PSLRB 25
Before an adjudicator
BETWEEN
BOUBACAR CABA BAH
Grievor
and
DEPUTY HEAD
(CANADA BORDER SERVICES AGENCY)
Respondent
Indexed as
Bah v. Deputy Head (Canada Border Services Agency)
In the matter of an individual grievance referred to adjudication
REASONS FOR DECISION
February 1, 2011.
Grievance referred to adjudication
1 On January 31, 2006, Boubacar Caba Bah (“the grievor”) filed a grievance in which he contested a 10-shift (107.16-hour) suspension imposed on him by the Canada Border Services Agency (“the respondent”) on that date for an incident that had occurred in November 2004. At that time, the grievor worked in the Agriculture Unit of the respondent at Lester B. Pearson International Airport in Toronto, Ontario. The grievance was referred to adjudication on August 3, 2007.
Respondent’s position
2 At the outset of the hearing, counsel for the respondent declared that, although the respondent did not acknowledge any responsibility with respect to the incident, it would not call any evidence. Counsel for the respondent acknowledged and understood that, as the burden of proof in this matter was incumbent on the respondent, I accordingly have no choice but to make the following order:
Order
3 The grievance is allowed, and the grievor is to be compensated for the loss of pay for 10 shifts and any related benefits.
4 The respondent is directed to remove the letter of suspension dated January 31, 2006 and any related documentation from the grievor’s file.
February 24, 2011.
Steven B. Katkin,
adjudicator