3,377 result(s)
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301.
Markovic v. Parliamentary Protective Service - 2021 FPSLREB 128 - 2021-11-22
FPSLREB Decisions - Labour RelationsAdmissible evidence
Burden of proof
Jurisdiction
Rejection on probation
Termination (non-disciplinary)
Terms and conditions of employment
REASONS FOR DECISION FPSLREB TRANSLATION I. Introduction II. Background [...] Moreover, the employee had urgent biological reasons that forced him to leave. [...] [415] For the reasons stated in this decision, I have concluded as follows:
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302.
Theaker v. Union of Solicitor General Employees - 2021 FPSLREB 127 - 2021-11-19
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Accordingly, for the reasons set out in this decision, the complaint against the respondents is dismissed. [...] It was reasonable for the USGE to obtain her written submissions when she asked it why it had not asked for them. [...] [62] For all of the above reasons, the Board makes the following order:
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303.
Gallinger v. Deputy Head (Canada Border Services Agency) - 2021 FPSLREB 126 - 2021-11-18
FPSLREB Decisions - Labour RelationsCompensation
Remedy
I set out a timeline for the written submissions upon which these reasons for decision are based. [...] She maintained that the medical information provided no reasons for considering her other employment as a factor in determining that compensation. [...] [91] For all of the above reasons, the Board makes the following order:
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304.
Lamash v. Deputy Head (Correctional Service of Canada) - 2021-11-17
FPSLREB Decisions - Labour RelationsCorrectional officer
Financial penalty
Termination (disciplinary)
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] Officers cannot reason with an inmate who is CON, and the likelihood of violence escalates. [...] For those reasons, I order sealed Exhibits 5, 13, 14, 15, 16, 38, and 39.
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305.
Grosso v. Canada Border Services Agency - 2021 FPSLREB 125 - 2021-11-16
FPSLREB Decisions - Labour RelationsDiscrimination
Union activity
Union representative
[3] For the reasons that follow, I find that the grievor did not establish that the employer discriminated against her, as she alleged. [...] The decision he reached was a reasonable one based on the information before him and it does not suggest that sex or membership or activity in the Alliance was a factor in the adverse impact. [...] [117] For all of the above reasons, the Board makes the following order:
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306.
Coupal v. Canadian Food Inspection Agency - 2021 FPSLREB 124 - 2021-11-12
FPSLREB Decisions - Labour Relations[51] I decided to admit Mr. Durber as an expert witness, for the following reasons. [...] No evidence was called to show that it was a reasonable exercise of authority. [...] [242] For all of the above reasons, the Board makes the following order:
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307.
Regier v. Deputy Head of the Correctional Service of Canada - 2021 FPSLREB 123 - 2021-11-10
FPSLREB Decisions - Staffing ComplaintsAbuse of authority
Accordingly, it has not been considered in these reasons for decision. [...] There is no suggestion that any of this information addressed K2 in a manner that would reasonably lead to a finding that K2 was met. [...] [47] For all of the above reasons, the Board makes the following order:
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308.
Watson v. Deputy Minister of Public Works and Government Services - 2021 FPSLREB 122 - 2021-11-10
FPSLREB Decisions - Staffing ComplaintsBurden of proof
[4] For the reasons that follow, the complaints are dismissed. It was not shown that the respondent abused its authority in the appointment process. [...] [12] On September 13, 2021, the parties and their representatives were directed to provide reasons for which the complaints should proceed to a hearing or be considered withdrawn. [...] [27] For all of the above reasons, the Board makes the following order:
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309.
Nash v. Treasury Board (Correctional Service of Canada) - 2021 FPSLREB 121 - 2021-11-08
FPSLREB Decisions - Labour RelationsDecision review
IV. Reasons [24] There are two threshold issues in this application for decision review. [...] •consider only new evidence or arguments that could not reasonably have been presented at the original hearing; [...] [40] For all of the above reasons, the Board makes the following order:
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310.
Tarek-Kaminker v. Treasury Board (Public Prosecution Service of Canada) - 2021 FPSLREB 120 - 2021-10-28
FPSLREB Decisions - Labour RelationsBurden of proof
Compressed workweek
Credibility
Flexible working hours
Working conditions
3) that she has made reasonable efforts to meet those childcare obligations through reasonable alternative solutions, and no such alternative solution is reasonably accessible; and [...] [194] The third factor requires the grievor to demonstrate that reasonable efforts have been expended to meet those childcare obligations through reasonable alternative solutions and that no such alternative solution is reasonably accessible. [...] [217] In sum, the grievor did not establish that she made reasonable efforts to meet the childcare obligations through reasonable alternative solutions and that no such alternative solution was reasonably accessible.
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311.
Panesar v. Professional Institute of the Public Service of Canada - 2021 FPSLREB 119 - 2021-10-27
FPSLREB Decisions - Labour RelationsUnfair labour practice
REASONS FOR DECISION I. Introduction [1] Rupinder Panesar is an employee of the Canada Revenue Agency (“the employer”). [...] [3] For some reason, Ms. Panesar believes that the option letter amounted to a termination. [...] [23] For all of the above reasons, the Board makes the following order:
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312.
Fragomele v. Public Service Alliance of Canada - 2021 FPSLREB 117 - 2021-10-26
FPSLREB Decisions - Labour RelationsDuty of fair representation
He claims that the respondents’ submissions do not to support that they made an informed and reasoned decision. [...] However, again, the complainant’s opinion that the respondents’ reasoning was wrong, or that they failed to accept his interpretation and his reasoning, is not sufficient on its own to establish a breach of the duty of fair representation. [...] [43] For all of the above reasons, the Board makes the following order:
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313.
Tibilla v. Public Service Alliance of Canada - 2021 FPSLREB 118 - 2021-10-26
FPSLREB Decisions - Labour RelationsDuty of fair representation
It had also committed to providing written reasons as to whether it would refer the grievance to adjudication. [...] [31] The respondent provided a reasoned and reasonable assessment of the grievance’s chances of success at adjudication. [...] [42] For all of the above reasons, the Board makes the following order:
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314.
Mackey v. Deputy Head (Correctional Service of Canada) - 2021 FPSLREB 115 - 2021-10-20
FPSLREB Decisions - Labour RelationsCulminating incident
Termination (disciplinary)
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] [42] Counsel noted that the termination was grounded on three reasons. [...] [74] For all of the above reasons, the Board makes the following order:
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315.
Adams v. Deputy Minister of Veterans Affairs - 2021 FPSLREB 114 - 2021-10-19
FPSLREB Decisions - Staffing ComplaintsAbuse of authority
The respondent determined that appointing a person to act was a reasonable alternative while an appointment process was conducted. [...] [15] This is a case in which reasonable efforts by the Board to contact the complainant by telephone, email, and regular mail achieved no response. [...] [23] For all of the above reasons, the Board makes the following order:
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316.
Yuan v. Canada Revenue Agency - 2021 FPSLREB 113 - 2021-10-18
FPSLREB Decisions - Labour RelationsInsubordination
Suspension
Scott ..., as authority for determining whether there was just and reasonable cause for a termination. [...] That being the grievor gave it just and reasonable cause for some form of discipline. [...] [63] For all of the above reasons, the Board makes the following order:
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317.
McLean v. Deputy Head (Department of Employment and Social Development) - 2021 FPSLREB 112 - 2021-10-14
FPSLREB Decisions - Staffing ComplaintsAbuse of authority
REASONS FOR DECISION I. Complaints before the Board [1] This decision deals with the failure of a complainant to prosecute his complaints before the Federal Public Sector Labour Relations and Employment Board (“the Board”) and their resulting dismissals. [...] [17] For all of the above reasons, the Board makes the following order:
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318.
Dayfallah v. Deputy Head (Department of Transport) - 2021 FPSLREB 111 - 2021-09-29
FPSLREB Decisions - Labour RelationsFraud
Jurisdiction
[5] For the following reasons, I find that the Board lacks jurisdiction to accept the referral of the grievance. [...] The Federal Court dismissed the application and found that the PSC’s decision was procedurally fair and reasonable. [...] [44] For all the above reasons, the Board makes the following order:
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319.
Forbes v. Treasury Board (Correctional Service of Canada) - 2021 FPSLREB 110 - 2021-09-28
FPSLREB Decisions - Labour RelationsCollective agreement
Travel allowance
3.1.1 Employees who are granted leave without pay for the following reasons are also entitled to the benefits of this section: illness, injury-on-duty, or maternity/parental leave. [...] [44] The fact that a particular provision may seem unfair is not a reason for an adjudicator to ignore it if it is otherwise clear. [...] [76] For all of the above reasons, the Board makes the following order:
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320.
Foster v. Deputy Minister of Employment and Social Development - 2021 FPSLREB 109 - 2021-09-16
FPSLREB Decisions - Staffing Complaints[52] I find that the respondent satisfactorily explained the reason for using an employment-equity criterion to address an organizational need. [...] Therefore, these reasons are confined to the appointment that is the subject of the complaint. [...] [63] For all of the above reasons, the Board makes the following order:
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321.
Poff v. Deputy Minister of Foreign Affairs - 2021 FPSLREB 108 - 2021-09-16
FPSLREB Decisions - Staffing ComplaintsFor that reason, her candidacy was eliminated from further consideration. [...] For this reason, she asked to be screened back into the staffing process. [...] [93] For all of the above reasons, the Board makes the following order:
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322.
Boucher v. Deputy Head (Correctional Service of Canada) - 2021 FPSLREB 106 - 2021-09-15
FPSLREB Decisions - Labour RelationsBurden of proof
Insubordination
Negligence
REASONS FOR DECISION FPSLREB TRANSLATION I. Individual grievance referred to adjudication [...] For that reason, Mr. Caron asked that inmate X be placed in segregation. [...] [111] For all of the above reasons, the Board makes the following order:
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323.
Tyler v. Public Service Alliance of Canada - 2021 FPSLREB 107 - 2021-09-15
FPSLREB Decisions - Labour RelationsDuty of fair representation
Time limit
REASONS FOR DECISION I. Summary 2 II. Evidence 3 A. Chronology of selected events 3 [...] [68] I then asked the witness to explain what “arbitrary reasons” might be. [...] [211] For all the above reasons, the Board makes the following order:
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324.
Price v. National Film Board - 2021 FPSLREB 105 - 2021-09-14
FPSLREB Decisions - Labour RelationsJurisdiction
Layoff
Termination (non-disciplinary)
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] For all these reasons, the grievances should be upheld. B. For the employer [...] [107] For all of the above reasons, the Board makes the following order:
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325.
Reid v. Deputy Head (Library and Archives of Canada) - 2021 FPSLREB 104 - 2021-09-14
FPSLREB Decisions - Labour RelationsMemorandum of settlement
He did not propose alternative dates or provide a reason for his unavailability. [...] Perhaps there are other reasons this deadline cannot be met. If so, proof will be required. [...] 126 I agree with the reasoning in Karaim at paragraph 29, which is that “a deal is a deal unless there are compelling labour relations reasons to set the agreement aside.” Clearly, one party not having the required mental capacity when the agreement was made would be a compelling labour relations reason, and the agreement