3,377 result(s)
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551.
O’Brien v. Treasury Board (Department of National Defence) - 2012 PSLRB 45 - 2012-04-05
FPSLREB Decisions - Labour RelationsEducation leave
REASONS FOR DECISION Before: Renaud Paquet, adjudicator For the Grievor: [...] The issue of the reasonableness of the employer’s refusal of leave based on operational requirements can only find application in cases where it was in fact the reason for the refusal of the leave, which is not the case here. [...] 31 For all of the above reasons, I make the following order: V. Order
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552.
Boudreault and Treasury Board (Passport Office) - 1999-04-26
FPSLREB Decisions - Labour RelationsAdmissible evidence
Procedure
Termination (disciplinary)
Mr. LeFrançois argued that the grounds for the employer's presentation of Exhibit E21 and of the related evidence is that this second series of charges constitute a further reason for termination and there is reason to conclude that the relationship of trust has been irreparably broken. [...] and stated that the employer would not have been able, through a reasonable investigation, to discover the grievor's subsequent infractions. [...] I added that Ms. Boudreault would be well advised to inform her counsel of the position and case law presented by the employer in support of its motion to expand the reasons for termination of employment.
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553.
McLaughlin v. Canada Revenue Agency - 2015 PSLREB 83 - 2015-10-14
FPSLREB Decisions - Labour RelationsActing pay
Discrimination
Duty to accommodate
Harassment
Management rights
Therefore, it was only reasonable to seek an independent third party’s opinion. [...] An objective, reasonable person standard is used to assess this factor; and [...] 155 For all of the above reasons, I make the following order: V. Order
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554.
Thompson v. Deputy Head (Department of Employment and Social Development) - 2022 FPSLREB 90 - 2022-11-02
FPSLREB Decisions - Staffing Complaints[78] For the above reasons, submitted the respondent, this complaint should be dismissed. [...] [99] The test for a reasonable apprehension of bias is well established. [...] [115] For all of the above reasons, the Board makes the following order:
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555.
Brown v. Commissioner of Correctional Service of Canada - 2012 PSST 0017 - 2012-07-05
FPSLREB Decisions - Staffing ComplaintsFurthermore, the reasons that the complainant was eliminated from this appointment process are different from the reasons in Brown 1. [...] 101 For all these reasons, the complaints are dismissed. Kenneth J. Gibson [...] Date of Reasons: July 5, 2012 APPEARANCES: For the complainant:
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556.
Cassin v. Deputy Head (Correctional Service of Canada) - 2012 PSLRB 37 - 2012-03-26
FPSLREB Decisions - Labour RelationsCorrectional officer
Intoxication
Rejection on probation
REASONS FOR DECISION Before: Steven B. Katkin, adjudicator For the Grievor: [...] V. Reasons A. The indefinite suspension - PSLRB File No. 566-02-4083 [...] 68 For all of the above reasons, I make the following order: VI. Order
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557.
Dhaliwal v. Treasury Board (Solicitor General Canada - Correctional Service) - 2004 PSSRB 109 - 2004-08-06
FPSLREB Decisions - Labour RelationsCorrectional officer
Jurisdiction
Mental stress
Reinstatement
Rejection on probation
Remedy
It was at this adjudication hearing that the grievor explained for the first time the reason for his absences. [...] A distinction must be made between an employment related reason and "just cause"... [...] The sole reason for the rejection on probation was because of his use of sick leave and family-related leave.
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558.
Munroe v. Treasury Board (Department of National Defence) - 2021 FPSLREB 136 - 2021-12-15
FPSLREB Decisions - Labour RelationsMisconduct
Off-duty conduct
Termination (disciplinary)
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] On cross-examination, he agreed that he threw the ripped-up form in Mr. Conrod’s direction for the same reason. [...] [127] For these reasons, the Board makes the following order: (The Order appears on the next page)
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559.
Hill v. Treasury Board (Correctional Service of Canada) - 2020 FPSLREB 61 - 2020-05-28
FPSLREB Decisions - Labour RelationsDiscrimination
People with disabilities
Time limit
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] [102] Unless the employer can show a reason to doubt the note’s veracity, such as it is suspect or disingenuous, there is no reason to doubt its contents. [...] [215] The fundamental reason for this conclusion is that when he was asked during his testimony about the reasons for the delay, the grievor did not mention his disability.
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560.
Taticek v. President of the Canada Border Services Agency - 2018 FPSLREB 44 - 2018-05-16
FPSLREB Decisions - Staffing Complaints24 Applying the same reasoning as in the first proceeding, the Board denied the request. [...] As noted above, the applicant raises the heavy workload of his counsel’s law firm as the reason for his lateness. [...] 55 For all of the above reasons, the Board makes the following order:
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561.
Federal Government Dockyard Trades and Labour Council (East) v. Treasury Board (Department of National Defence) - 2014 PSLRB 44 - 2014-04-07
FPSLREB Decisions - Labour RelationsManagerial discretion
Work schedule
However, I found those authorities of little assistance, as outlined further in my reasons. [...] An operational requirement could be the reason invoked by an employer for rendering shift work necessary, but there they may be a number of other valid reasons, such as the fact that the work must be done at night in a static state. [...] 44 For all of the above reasons, I make the following order: V. Order
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562.
Ayotte v. Deputy Minister of National Defence - 2010 PSST 0016 - 2010-09-29
FPSLREB Decisions - Staffing ComplaintsIn the Tribunal’s view, the fact that the decision is pending should not delay the Tribunal’s reasons. [...] The Tribunal’s mandate also includes complaints that a revocation of an internal appointment was not reasonable. [...] Date of Reasons: Ottawa, September 29, 2010
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563.
Fletcher v. Treasury Board (Department of Human Resources and Skills Development) - 2007 PSLRB 39 - 2007-04-25
FPSLREB Decisions - Labour RelationsAbandonment of grievance
Termination (non-disciplinary)
REASONS FOR DECISION Before: Dan Butler, adjudicator For the Grievor: [...] There is no reasonable prospect that this situation will soon change. [...] 43 For all of the above reasons, I make the following order: V. Order
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564.
Stockdale et al v. Treasury Board (Fisheries and Oceans Canada) - 2004 PSSRB 4 - 2004-01-30
FPSLREB Decisions - Labour RelationsPersonal leave
Volunteer leave
Work schedule
LEAVE WITH OR WITHOUT PAY FOR OTHER REASONS ... 55.02 Personal Leave [...] The reasons are persuasive because they relate to a similar leave provision, with similar contract language. [...] Personal Leave is defined as a day of leave with pay "for reasons of a personal nature."
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565.
A.B. v. Canada Revenue Agency - 2019 FPSLREB 53 - 2019-05-16
FPSLREB Decisions - Labour Relations8 For the reasons explained later in this decision, I find that the suspension and revocation of the grievor’s reliability status were bona fide administrative actions based upon valid reasons. [...] That analysis includes considering reasonable accommodation to the point of undue hardship. [...] 154 For all of the above reasons, the Board makes the following order:
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566.
Heyser v. Deputy Head (Department of Employment and Social Development) and Treasury Board (Department of Employment and Social Development) - 2015 PSLREB 70 - 2015-08-05
FPSLREB Decisions - Labour RelationsShe said she worked from home for family reasons, not because of her health. [...] Therefore, there is no reason to mitigate on the basis of her health. [...] 169 For all of the above reasons, I make the following order: VI. Order
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567.
Osborne v. Treasury Board (Department of Fisheries and Oceans) - 2024 FPSLREB 5 - 2024-01-12
FPSLREB Decisions - Labour Relations[41] For these reasons, I have concluded that the grievance is untimely. [...] · whether there are clear, cogent, and compelling reasons for the delay; [...] [85] For all of the above reasons, the Board makes the following order:
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568.
Okrent v. Deputy Head (Department of Public Works and Government Services) - 2013 PSLRB 65 - 2013-06-04
FPSLREB Decisions - Labour RelationsAbandonment of position
Absence certification
Absenteeism
Recusal
Termination (non-disciplinary)
REASONS FOR DECISION Before: Renaud Paquet, adjudicator For the Grievor: [...] … I concur with this reasoning. There is absolutely no evidence that the grievor had compelling reasons preventing her to obtain leave authorization. [...] 44 For all of the above reasons, I make the following order: V. Order
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569.
Grover v. National Research Council of Canada - 2008 PSLRB 59 - 2008-07-18
FPSLREB Decisions - Labour RelationsInsubordination
REASONS FOR DECISION Before: Mary Ellen Cummings, adjudicator For the Grievor: [...] But the failure to substantiate the complaint is not a reason to attract discipline. [...] 64 For all of the above reasons, I make the following order: V. Order
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570.
Alexis v. Deputy Head (Royal Canadian Mounted Police) - 2020 FPSLREB 9 - 2020-02-10
FPSLREB Decisions - Labour RelationsJurisdiction
Rejection on probation
Both Sgt. McAuley and Ms. Ryan testified as to the reasons for the rejection on probation and stated that they were the only reasons. [...] [166] Even if an employer can demonstrate an employment-related reason for a rejection on probation, if bad faith can be shown, it overrides that reason. [...] [210] For the reasons that follow, I find that the grievor’s employment was terminated for reasons that were other than legitimate and employment related.
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571.
Ouellet v. Treasury Board (Human Resources Development Canada) - 2020 FPSLREB 15 - 2000-02-24
FPSLREB Decisions - Labour RelationsIt is, therefore, the notion of “normal and reasonable public transportation” that should be applied, and Mr. Ouellet is entitled to a travel allowance. [...] [21] Mr. Ouellet’s representative argued that the concept of “normal and reasonable public transportation” in section 7.1.1 of the Travel Directive (Exhibit E-3) had to apply and that it was not “normal and reasonable” to expect an employee to use a public transportation system to return home after 12 to 14 hours of work. [...] [22] Under the circumstances, I do not deem it necessary, contrary to Ms. Charette’s argument, to examine whether the concept of “normal and reasonable public transportation services" applies.
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572.
Public Service Alliance of Canada v. Treasury Board - 2018-03-12
FPSLREB Decisions - Labour RelationsAs regards the reasons for our recommendations, we feel that a sufficient reason for each recommendation is that the recommendations as a whole constitute a package which, in our view, should be acceptable to both parties. [...] It seems to us reasonable that this cost should be borne by the employer when it insists on being provided with the medical certificate. [...] From the state of evidence right now, no reasonable persons will agree on such a clause.
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573.
Communications, Energy and Paperworkers Union of Canada v. House of Commons - 2012 PSLRB 41 - 2012-03-27
FPSLREB Decisions - Labour RelationsCollective agreement
Term employee
REASONS FOR DECISION Before: Renaud Paquet, adjudicator For the Bargaining Agent: [...] Regardless, neither reason fits into the exceptions enumerated in clause 2.2. [...] 43 For all of the above reasons, I make the following order: V. Order
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574.
St. Amand v. Treasury Board (Department of National Defence) - 2009 PSLRB 180 - 2009-12-23
FPSLREB Decisions - Labour RelationsAnnual leave
REASONS FOR DECISION Before: Michel Paquette, adjudicator For the Grievor: [...] For the same reasons, the decision rendered in Low and Duggan (supra)cannot be applied here. [...] IV. Reasons 36 The question put before me in the other grievances is as follows:
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575.
Hunt and Shaw v. Treasury Board (Correctional Service of Canada) - 2009 PSLRB 65 - 2009-05-29
FPSLREB Decisions - Labour RelationsCompensation
Correctional officer
Overtime assignment
REASONS FOR DECISION Before: Renaud Paquet, adjudicator For the Grievors: [...] IV. Reasons 30 Both parties agree that the employer should make every reasonable effort to allocate overtime on an equitable basis among available employees. [...] 45 For all of the above reasons, I make the following order: V. Order