FPSLREB Decisions

Administration of pay - Other leave with pay - Harassment complaint - Estoppel - Jurisdiction - Subsection 92(1) of the Public Service Staff Relations Act (PSSRA) - following a car accident, the grievor returned to work, with difficulties - at that time, she felt harassed by her supervisor - she then proceeded on long-term disability and filed a harassment complaint against her supervisor - eventually, the grievor's physician indicated that she was fit to return to "a trial of employment" and that it would be preferable if "she not return to her previous work area in view of the harassment complaint underway" - the grievor's psychiatrist also recommended that she return to a different work environment - the employer's psychiatrist also warned against reinstating the grievor into her position - the employer first offered to put the grievor on leave with pay for nine to twelve months, until the completion of the harassment investigation, during which time the grievor would attend language training - the grievor did not meet the requirements for language training - the employer then considered offering the grievor other assignments - in the meantime, the grievor's health had deteriorated - the employer then provided the grievor assignments on the basis of three and one-half days per week, to accommodate her condition, and her pay was adjusted accordingly - this happened within nine months from the employer's offer of placing the grievor on leave with pay - the grievor challenged that decision - she also argued that she had incurred expenses of $4,000 to secure the services of a maid and to prepare for returning to work on a full-time basis - the employer refused to pay the grievor on a full-time basis, considering that its offer to put her on leave with pay ceased when she returned to work - the grievor argued that the employer imposed a disciplinary action by cutting her pay, as a result of a decision of the Federal Court of Canada in her favour in another dispute with the employer - she also stressed that she had incurred expenses on the basis of representations made to her by the employer - the employer responded that the offer of placing the grievor on leave with pay was not adjudicable pursuant to section 92 of the PSSRA and that the issue of disguised discipline was a new one which had not been raised during the grievance process - the employer added that there was not sufficient evidence to support the allegation that the grievor had been on leave with pay - in fact, the employer kept trying to find duties which the grievor could fulfil - the employer argued that there was no basis for an argument of issue estoppel in this case - the adjudicator found that the grievance was adjudicable and that no provision of the collective agreement had been breached - the adjudicator further found that the employer did not impose any disciplinary action on the grievor - also, the adjudicator found that there was no promissory estoppel in this case. Grievance denied. Cases cited:Burchill v. Canada (Attorney General), [1981] 1 F.C. 109; Molbak (166-2-26472).