FPSLREB Decisions

Decision Information

Pachowski and Treasury Board (Revenue Canada - Customs and Excise)

Collection FPSLREB Decisions
Decision Rendered 1999-09-09
File Number 166-2-28543
Before Joseph W. Potter
Decision Type Labour Relations
Subject Terms Abandonment of position
Termination (non-disciplinary)
Judicial Reviews
An application for judicial review before the Federal Court has been dismissed (Court file: T-1798-99).
Summary:

Termination (non-disciplinary) - Refusal to return to work - following an incident of harassment by a fellow employee, grievor left her work location at Pearson International Airport (PIA) on January 12, 1994, and went on sick leave for one year - thereafter she repeatedly refused to return to work either at PIA or at any of several alternate work locations offered to her by the employer - employer warned her on several occasions that, if she did not report for work by a specified date, her employment would be terminated - employer acted on its final warning and terminated her employment on September 17, 1997 - adjudicator was satisfied that grievor had been aware that employer intended to act on its final warning - grievor was therefore not misled by the employer's failure to act on its prior warnings - adjudicator concluded that employer's action in terminating the grievor's employment was justified in light of all the circumstances. Grievance denied. Case cited: Cie minière Québec Cartier v. Quebec (Grievances arbitrator),[1995] 2 S.C.R. 1095..

Decision Content

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