FPSLREB Decisions

Termination (disciplinary) - Suspension (indefinite) - Suspensions (totalling 52 days) - Failure to report for specific duties on time - Failure to notify superiors of absences - Failure to follow procedures and directions - Insubordination - Jurisdiction - Authorization of bargaining agent for contract interpretation grievances - Remedy - Payment in lieu of reinstatement - Grievance process - the grievor, a mechanical inspector at a Canadian Forces base filed grievances against: a 7-day and subsequent 10-day suspension for absenting himself from work without authorization; a 10-day suspension for not reporting to work; a 15-day suspension for insubordinate conduct; a 20-day suspension for absenting himself by attending a meeting without permission and lateness in notifying the employer of his absence due to sickness; and an indefinite suspension and termination for absence from his workstation on three occasions, failure to follow orders, and insubordination - three additional grievances relating to denial of sick leave and pay deductions were denied by the adjudicator as the bargaining agent had not signified its willingness to represent the grievor in accordance with section 92 of the Public Service Staff Relations Act - in an earlier decision, the adjudicator had reduced a 5-day suspension to a letter of reprimand - based on the principle that the quantum of a penalty serves as notice to the employee of the gravity of an offence and based on the evidence before him, the adjudicator reduced the 7-day suspension to 1 day, the 10-day suspension to 3 days, the second 10-day suspension to 3 days, the 15-day suspension to 7 days, and the 20-day suspension to 10 days - based on the same evidence and the doctrine of culminating incident, the indefinite suspension and termination were set aside and a 15-day suspension was substituted in their stead - on his assessment of the evidence which led to the indefinite suspension and termination, the adjudicator noted the employer's allegation that the grievor did not advance, at the time of the disciplinary hearing, an explanation given at the adjudication hearing - the adjudicator ruled that the grievor cannot now benefit from his belated explanation which could have served in aiding the employer to come to a more informed decision on the discipline that was warranted - again, with regard to the evidence concerning the indefinite suspension and termination, the grievor claimed that he was not given a full opportunity to be heard during the disciplinary hearing - the adjudicator stated that in disciplinary hearings, the ordinary rules of fairness pertaining to judicial inquiries do not apply and, in any event, any procedural unfairness that may have occurred was wholly cured by the hearing de novo before him - the adjudicator found the employer's contention that it had to suspend the grievor indefinitely pending resolution of these matters to be unreasonable and ordered the employer to reimburse the grievor for lost wages and benefits for the time period between his indefinite suspension and termination, a period of roughly one and one-half months - the grievor was not reinstated as he requested payment in lieu of reinstatement - he was awarded all lost wages and benefits for a period of 18 months. Grievances allowed in part. Cases cited: Skibicki (166-2-20723); Tipple v. Canada (Treasury Board) Federal Court File No. A-66-85.