FPSLREB Decisions

Vacation leave - Whether employer unreasonably denied grievor's request for vacation leave - Remedy - on June 2, 2000, the grievor requested vacation leave from July 2 to 5 and July 10 to 12 - the employer advised the grievor that it could not accommodate his request for leave from July 2 to 5 due to operational requirements, although it could grant him the second portion of his leave request - this did not suit the grievor's plans - consequently, he did not take any vacation leave during the period in question - the evidence established that it would have been possible for the employer to accommodate the grievor's request for the entire period - the adjudicator concluded that the employer did not make every reasonable effort to ensure that the approval of the grievor's request for vacation leave was not unreasonably denied and he so declared - however, the adjudicator found that he had no jurisdiction to order the employer to write a letter of apology to the grievor - neither did the adjudicator consider it appropriate to order the employer to post the decision in the workplace. Grievance allowed in part. Cases cited:Morhart, 2002 PSSRB 36 (166-2-30513); Bouffard (166-2-21327); Whyte (166-2-17992); National Bank of Canada v. Retail Clerks' International Union, [1984] 1 S.C.R. 269.