FPSLREB Decisions

Work Force Adjustment Directive - Early retirement during surplus period - Position filled after retirement - Whether grievor entitled to pay in lieu of unfulfilled surplus period - the grievor, a CR-3 clerk, was seconded to a CR-4 position in another location, on an acting basis - due to departmental re-organization, her secondment was terminated and she returned to the location of her CR-3 position - as her previous position had been abolished, she was to be an administrative support clerk, working in a typing pool - the grievor alleged that work assignments were irregular and that she spent most of her time trying to find something to do - the grievor's position was declared surplus and she elected for early retirement and for pay in lieu of unfulfilled surplus period - the employer granted her request for early retirement but denied her pay in lieu of unfulfilled surplus period, saying that it needed her position to be staffed after her departure - the grievor alleged that other employees in her unit had received pay in lieu of unfulfilled surplus period - the employer established that no such employees had received such monies and that, in fact, it had to hire somebody to fill the position the grievor had left vacant - the adjudicator found that the grievor's work was not and could not be discontinued after she had retired and that the employer had not been unreasonable in not granting her pay in lieu of unfulfilled surplus period. Grievance denied.