FPSLREB Decisions

Decision Information

Maclean v. Treasury Board

Collection FPSLREB Decisions
Decision Rendered 2012-04-25
Citation 2012 PSLRB 51
File Number 566-02-5147
Before Augustus Richardson
Decision Type Labour Relations
Subject Terms Grievance procedure
Original Language English
Summary:

No summary has been written for this decision.Please refer to the full text.

Decision Content



Public Service
Labour Relations Act

Coat of Arms - Armoiries
  • Date:  2012-04-25
  • File:  566-02-5147
  • Citation:  2012 PSLRB 51

Before an adjudicator

BETWEEN

LISE MACLEAN

Grievor

and

TREASURY BOARD

Employer

Indexed as
Maclean v. Treasury Board

In the matter of an individual grievance referred to adjudication

REASONS FOR DECISION

Before:
Augustus Richardson, adjudicator

For the Grievor:
James Cameron, counsel

For the Employer:
Lesa Brown, counsel

Heard at Ottawa, Ontario,
March 6 to 8, 2012.

Individual grievance referred to adjudication

1 This matter concerns one of two grievances, bearing PSLRB File No. 566-02-5147 and 566-02-5605, filed by the grievor, Lise Maclean. The grievance in question in the present matter, bearing PSLRB File No. 566-02-5147, was referred to adjudication on February 17, 2011. It concerned, among other things, an alleged deployment of the grievor without her consent. A hearing was scheduled for March 6 to 8, 2012 in Ottawa.

2 At the start of the hearing, counsel for the Employer, the Treasury Board, admitted as follows:

  1. As of November 26, 2010, the grievor occupied the position of Director, Committees, Administration and Planning.
  2. On November 26, 2010, the grievor was deployed out of that position without her consent where her consent was required pursuant to the Public Service Employer Act.
  3. Accordingly, it is appropriate that an order be made returning her to her position as Director, Committees, Administration and Planning.

I find that these admissions constitute conclusive evidence that the grievor was deployed by the Employer under the Public Service Employment Act without her consent where consent is required.

3 The order in question had been requested by the grievor, and she was content that her grievance be allowed on the basis of the admissions. I believe that an order as contained in the admissions provides for a clear and final resolution of the entire grievance and, as such, is in the interest of fair, credible and efficient resolution of matters arising in respect of terms and conditions of employment. There remain issues about the grievor’s performance reviews, but they are to be dealt with in the other grievance, bearing PSLRB File No. 566-02-5605, which does not form part of the present decision.

Reasons

4 For all of the above reasons, I make the following order:

Order

5 The grievance is allowed. The employer is to return the grievor to her position of Director, Committees, Administration and Planning, effective November 26, 2010.

April 25, 2012.

Augustus Richardson,
adjudicator

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