FPSLREB Decisions

The complainant made a complaint under s. 133 of the Code, alleging that the respondent had breached s. 147 when it terminated her as a reprisal for making a workplace-violence complaint – after she had been absent from the workplace for two years, the respondent sought to regularize her leave and employment status by sending her multiple “options letters” – the final two letters advised her that if she failed to respond, she risked being terminated for reasons other than a breach of discipline or misconduct – the complainant did not respond to any of the letters, choosing instead to make a workplace-violence complaint against the respondent and, ultimately, a complaint with the Board – the respondent asked the Board to dismiss the complaint on the grounds that it was untimely, or, in the alternative, that no reprisal occurred within the meaning of the Code – the Board found that the complaint was timely but dismissed it on the merits – applying the test it White, the Board found that the respondent did not contravene s. 147 of the Code by identifying the option of a non-disciplinary dismissal in the options letters – when the complainant made her complaint, she had not been terminated – the reference in the options letters to termination or dismissal for incapacity was neither a termination nor a threat of termination but rather an administrative option that the respondent could exercise to address the protracted absence of an employee on account of illness – providing an employee with options to resolve a workplace-absence situation, without more, is not punitive, disciplinary, or retaliatory.

Complaints dismissed.