FPSLREB Decisions

The grievor filed two grievances, alleging that the employer’s decision to terminate his telework assignment was disguised discipline – he had verbally attested to requiring accommodation at the outset of the COVID-19 pandemic, as his spouse was medically vulnerable to the COVID-19 virus – the employer approved a telework assignment as an interim accommodation measure but requested that the grievor provide a signed attestation and completed medical questionnaire to substantiate continuing the telework – he continually refused to provide the requested documentation, so the employer ended his telework arrangement – the grievor used other types of earned leave until he decided to return to regular duties – to refer his grievances to adjudication, the grievor was required to demonstrate that he had been terminated or suspended or that he had suffered a financial penalty – the employer did not terminate his employment; at all times, he remained employed – he also did not establish that his period of leave after the end of his telework assignment was a consequence of the employer’s actions or that it was intended as a financial penalty – he did not demonstrate that the employer’s intent was other than what it stated (to implement business-resumption measures and to manage resources effectively) or that it intended to punish or correct his behaviour by ending his telework assignment – the Board found that it was without jurisdiction to adjudicate the grievances, as the grievor was not subjected to disciplinary action.

Grievances denied.