FPSLREB Decisions

Education leave without pay - Unequal treatment - Obligation of the employer to exercise its discretion in a manner that is not arbitrary, discriminatory nor in bad faith - Correctional Services Group - the employer refused the grievor education leave without pay on the ground that he did not provide proof of his registration at a university by the required deadline - the employer contacted the grievor to see whether he was still interested in submitting his application and he wanted to add anything to his file - the grievor claimed that the employer had misled him regarding the deadline for registration in university, the deadline having been extended or the employee was not informed of the new deadline - the grievor added that the employer had granted education leave without pay to another employee although she had not provided proof of her registration in university - the other employee had already completed several university credits - the employer responded that the grievor had never demonstrated his intention to register in university - the adjudicator found that the employer had made a number of mistakes with respect to the procedure for granting education leave without pay - the adjudicator also found that the grievor had never tried to update his file by registering at a university - furthermore, the adjudicator found that the fact that the employer had not required employees who had already completed university credits to prove that they were registered in a university did not constitute prejudice toward the grievor or discrimination, bad faith or arbitrary conduct by the employer. Grievance denied.