FPSLREB Decisions

Annual leave - Refusal to deal with request for annual leave at the time of filing - Employer's obligation to act equitably and reasonably - Correctional Services Group - on April 21, 2000 the grievor filed a request for annual leave for the period from December 29, 2000 to January 16, 2001 - the collective agreement provides that requests for annual leave must be submitted by May 31 - his supervisor told him that he was considering only summer holidays at that time - on May 15, 2000 the grievor filed four grievances against the refusal to grant him annual leave, each based on a different clause of the collective agreement - on October 25, 2000 the employer advised the employee that his request for annual leave had been approved - the grievor argued that the employer's refusal to consider the request for leave on April 21, 2000 constituted a refusal to grant leave - the employer replied that informing an employee that his request for leave had been submitted prematurely did not constitute a refusal to grant leave - it added that it had eventually granted the leave that had been requested - the employer maintained that the collective agreement allowed for a delay in responding in the case of a refusal, not in the case of an approval - the employer argued that the grievances were theoretical in nature - the adjudicator did not accept that argument and concluded that the grievor was entitled to challenge the manner in which his request for annual leave had been handled on April 21, 2000 - he concluded that, since the grievor had to submit his request for annual leave by May 31, the employer had an obligation to deal with the request equitably and fairly - the adjudicator concluded that the six-month delay in responding in the circumstances was excessive and that the employer had not dealt with the request for annual leave in a reasonable manner - he declared that the employer had not observed the collective agreement. One grievance allowed. Three grievances denied. Case cited:MacGregor (166-2-22489).