FPSLREB Decisions

Termination (non-disciplinary) - Incompetence - Remedy - because the grievor's position with another department was about to be eliminated due to downsizing, he was allowed to switch with another employee, a contract management officer classified at the PG-3 group and level, who wished to benefit from the early retirement package available at the time - it became apparent that the grievor lacked the basic qualifications for this position - despite repeated warnings, the grievor was not performing at the substantive level of his new position after 20 months of training - furthermore, he indicated that he had no interest in procurement work and wished to be employed elsewhere - as a result, the employer terminated his employment for incompetence - the adjudicator indicated that, in cases of termination for cause due to incompetence, the employer must establish that: it acted in good faith; it set appropriate standards of performance which were clearly communicated to the employee; it gave the employee the necessary tools, training and mentoring to achieve the set standards in a reasonable period of time; it warned the employee in writing that failure to meet the set standards by a reasonably set date would lead to termination of his employment; and the employee has failed to meet these standards - in addition, in the Treasury Board Manual, the employer also imposed upon itself the duty to explore alternate solutions before an employee is terminated or demoted for cause - the adjudicator concluded that the employer failed to meet this latter obligation in relation to the grievor - exploring alternate solutions could include offering a severance package or distributing the employee's curriculum vitæ to other portions of the department and to other departments and agencies - however, in light of the grievor's negative and critical attitude towards the employer, reinstatement was not an appropriate remedy - accordingly, the adjudicator directed the employer to give the grievor the equivalent of one year's salary in lieu of reinstatement. Grievance allowed in part.