FPSLREB Decisions

Decision Information

Bartleman v. Canada Revenue Agency

Collection FPSLREB Decisions
Decision Rendered 2025-05-20
Citation 2025 FPSLREB 62
Before David Olsen
Decision Type Labour Relations
Subject Terms Burden of proof
Jurisdiction
Mootness
Remedy
Keywords Labour relations – Suspension – Discipline rescinded – Jurisdiction – Remedies – Apology – Whether grievance is moot – Burden of proof
Original Language English
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Summary:

The grievor grieved a three-day suspension that the employer imposed on him and then reduced to one day. After he referred his grievance to adjudication, it rescinded the suspension, paid him one day’s pay, and removed and destroyed the related records from his personnel file. It objected to the Board’s jurisdiction to hear the grievance, arguing that it was moot. It also claimed that the Board had no jurisdiction to order an apology, which was the only outstanding remedy that the grievor sought. He had the burden to establish that there was still a live issue to resolve. The Board found that the grievance was moot. The grievor did not establish that the parties had a live controversy or tangible and credible dispute. Even if his purpose in pursuing the grievance was to obtain an apology, the Board found that it could not order one. The grievor provided no reasons for the Board to exercise its discretion to hear the grievance despite it being moot.

Grievance denied.

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