3,377 result(s)
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51.
Dargis v. Canada Revenue Agency - 2022 FPSLREB 20 - 2022-03-28
FPSLREB Decisions - Labour RelationsDiscrimination
People with disabilities
Rejection on probation
It is insufficient merely to point to what could ordinarily be considered an employment-related reason as the reason for the rejection without some substance behind that reason. [...] The employee must act reasonably; that is, he or she cannot expect a perfect solution to his or her problem and must accept a reasonable outcome. [...] [258] For all of the above reasons, the Board makes the following order:
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52.
Rushwan v. Treasury Board (Department of Transport) - 2020 FPSLREB 66 - 2020-06-11
FPSLREB Decisions - Labour Relations[3] For the following reasons, the grievance is allowed. II. Background [...] [170] However, Mr. Ghoshal refused the request, for the following reason: [...] [196] For all of the above reasons, the Board makes the following order:
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53.
Olson v. Canadian Food Inspection Agency - 2007 PSLRB 24 - 2007-02-28
FPSLREB Decisions - Labour RelationsLayoff
Position
Termination (non-disciplinary)
Training
Workforce adjustment
REASONS FOR DECISION Before: Paul Love, adjudicator For the Grievor: [...] These reasons as worded reflect a termination of training for non-culpable reasons, not disciplinary reasons. [...] There are also no hidden disciplinary reasons behind this conclusion.
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54.
Moore v. Treasury Board (Canadian Grain Commission) - 2006 PSLRB 31 - 2006-03-21
FPSLREB Decisions - Labour RelationsEmployee status
Workforce adjustment
The “affected letter” should have included a reasonable job offer. A reasonable job offer is the rule, not the exception, in a WFA situation (clause 1.1.7, supra). [...] Given Ms. Moore’s contention that a reasonable job offer should have been made to her on April 1, 2002, she must lead evidence to show that a reasonable job offer could have been made on or about April 1, 2002. [...] [113] For all of the above reasons, I make the following order: Order
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55.
Parker v. Deputy Minister of Indian and Northern Affairs Canada - 2010 PSST 0021 - 2010-12-13
FPSLREB Decisions - Staffing ComplaintsThe test for reasonable apprehension of bias is this: Would a reasonably informed bystander looking at the process reasonably perceive bias on the part of one or more of the persons involved in the assessment of the complainant? [...] Following these cases, the Tribunal has formulated this test: Would a reasonably informed bystander looking at the process reasonably perceive bias on the part of one or more of the persons involved in the assessment of the complainant? [...] Date of Reasons: December 13, 2010 APPEARANCES: For the complainant:
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56.
Prior v. Canada Revenue Agency - 2014 PSLRB 96 - 2014-10-31
FPSLREB Decisions - Labour RelationsGrievance procedure
Representation
In sum, there are no clear and compelling reasons that justify the delay. [...] 131 The statutory language of the Code does not require the party seeking an extension to provide a reasonable explanation or reasonable excuse for the delay. [...] 145 For all of the above reasons, I make the following order: V. Order
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57.
Dyson v. Deputy Head (Department of Fisheries and Oceans) - 2015 PSLREB 58 - 2015-06-26
FPSLREB Decisions - Labour RelationsBurden of proof
Jurisdiction
Rejection on probation
Termination (non-disciplinary)
IV. Reasons 122 The initial question before me is one of jurisdiction. [...] The reasons set out in that letter satisfy the test enunciated in Tello. [...] It is insufficient merely to point to what could ordinarily be considered an employment-related reason as the reason for the rejection without some substance behind that reason.
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58.
Andrews v. Deputy Head (Department of Fisheries and Oceans) - 2021 FPSLREB 137 - 2021-12-15
FPSLREB Decisions - Labour RelationsExtension of time
Grievance procedure
[3] For the reasons that follow, the application is dismissed. II. Background [...] 1. Clear, cogent, and compelling reasons for the delay [17] According to the respondent, the applicant has not provided clear, cogent, and compelling reasons for her lateness filing the grievance. [...] [36] For all of the above reasons, the Board makes the following order:
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59.
Bialy et al. v. Public Service Alliance of Canada et al. - 2012 PSLRB 125 - 2012-11-23
FPSLREB Decisions - Labour RelationsComplaint
Recusal
Unfair labour practice
As already seen by the quotation above, the apprehension of bias must be a reasonable one, held by reasonable and right minded [sic] persons, applying themselves to the question and obtaining thereon the required information. [...] III. Reasons 19 After carefully considering the parties’ written submissions and the applicable case law, I have decided to dismiss the complainants’ request for recusal for the following reasons. [...] 32 For all of the above reasons, the Board makes the following order:
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60.
Haydon v. Deputy Head (Department of Health) - 2019 FPSLREB 26 - 2019-02-20
FPSLREB Decisions - Staffing ComplaintsReinstatement
Remedy
[8] For these reasons, I would dismiss this application as premature. [...] ... 102 The issue in this case relates to the application of the onus of establishing the reasonableness of the grievor’s mitigation efforts as well as a determination of whether they were reasonable. [...] 142 For all of the above reasons, I make the following order: VI. Order
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61.
Duval v. Treasury Board (Correctional Service of Canada) - 2020 FPSLREB 53 - 2020-05-15
FPSLREB Decisions - Labour RelationsHuman rights
The grievor asserts that the Board must elaborate its reasoning. [33] The Court ordered the Board to review the grievance in light of the reasons it provided in 2019 FCA 290. [...] It is not that a transfer was not a reasonable solution but rather that at no time was he reassured that a reasonable accommodation was being sought, given his medical situation. [...] [50] For all of the above reasons, the Board makes the following order:
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62.
Coppin v. Canada Revenue Agency - 2009 PSLRB 81 - 2009-06-30
FPSLREB Decisions - Labour RelationsGrievance procedure
Managerial discretion
Remedy
Time off with pay
Weather
REASONS FOR DECISION Before: Renaud Paquet, adjudicator For the Grievors: [...] IV. Reasons 30 In these cases, the grievors have to prove that the employer was not reasonable in exercising its discretion, specifically in refusing their leave requests. [...] 44 For all of the above reasons, I make the following order: V.Order
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63.
Smith v. Canada Revenue Agency - 2018 FPSLREB 68 - 2018-08-17
FPSLREB Decisions - Labour RelationsTime off with pay
Weather
It was denied at the final level on December 22, 2014, for the following reasons: [...] 22 For the reasons that follow, I conclude that the grievor met his onus. [...] 37 For all of the above reasons, the Board makes the following order:
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64.
De Franco v. House of Commons - 2010 PSLRB 69 - 2010-05-21
FPSLREB Decisions - Labour RelationsExtension of time
Time limit
Clear, cogent and compelling reasons for the delay 19. In examining whether there are clear, cogent and compelling reasons for the delay it is submitted that the first step is to determine when the grievance ought, or could have reasonably been filed and to examine any reasons given, if any, for not filing at the time. [...] The delay of six months was a reasonable one. … [Sic throughout] IV. Reasons [...] Therefore, his stated reason that he was not aware of the circumstances until a short time before filing his grievance is not a valid reason for the delay.
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65.
House of Commons v. Professional Institute of the Public Service of Canada et al. - 2009 PSLRB 144 - 2009-11-03
FPSLREB Decisions - Labour RelationsJurisdiction
Remedy
REASONS FOR DECISION Before: Georges Nadeau, Board Member For the Applicant: [...] 40 Noting that the first policy reasons cited by the employer against awarding compensation relate to the underlying purpose of labour relations legislation, the SSEA submitted that those policy reasons were put forward as a reason to avoid the general practice of awarding costs. [...] 59 For all of the above reasons, the Board makes the following order:
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66.
Brown v. Treasury Board (Correctional Service of Canada) - 2021 FPSLREB 50 - 2021-05-04
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Individual grievance referred to adjudication [...] [33] The employer must provide a compelling reason to deny the request for an extension or a reasonable explanation for such a denial. [...] [79] For all of the above reasons, the Board makes the following order:
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67.
Campbell v. Deputy Minister of Transport Canada - 2010 PSST 0014 - 2010-09-24
FPSLREB Decisions - Staffing ComplaintsThe Tribunal reviewed the test for a reasonable apprehension of bias »“ whether or not a reasonably informed bystander, looking at the process, would reasonably perceive bias on the part of one or more of the persons involved in the assessment of the complaint. [...] The Tribunal finds the explanation provided by the respondent to be reasonable. [...] 78For all of these reasons, the complaint is dismissed. Joanne B. Archibald
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68.
Veillette v. Chouinard, St-Amand and Canada Revenue Agency - 2013 PSLRB 61 - 2013-05-27
FPSLREB Decisions - Labour RelationsRecusal
II. Reasons 6 After carefully reviewing the complainant’s request and the relevant case law in this matter, I decided to dismiss the request for recusal for the reasons set out later in this decision. [...] As already seen by the quotation above, the apprehension of bias must be a reasonable one, held by reasonable and right minded persons, applying themselves to the question and obtaining thereon the required information. [...] 15 For all of the above reasons, the Board makes the following order:
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69.
St-Laurent et al. v. Treasury Board (Correctional Service of Canada) - 2013 PSLRB 4 - 2013-01-16
FPSLREB Decisions - Labour RelationsExtension of time
REASONS FOR DECISION Before: Renaud Paquet, Vice-Chairperson For the Applicants: [...] While it might do so in other cases where the bargaining agent’s reason for inaction was reasonable and where the grievor involved was completely blameless for the error, this is not such a case. [...] 21 For all of the above reasons, I make the following order: Order
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70.
Chaudhry v. Treasury Board (Correctional Service of Canada) - 2009 PSLRB 39 - 2009-03-25
FPSLREB Decisions - Labour RelationsDecision review
Time limit
Accordingly, it is not a valid reason for the delay in making this application. [...] 32 There is no compelling reason to reconsider the Board’s decision. [...] 33 For all of the above reasons, the Board makes the following order:
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71.
Tarasco v. Deputy Head (Department of Citizenship and Immigration) - 2009 PSLRB 101 - 2009-08-19
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Before: Renaud Paquet, adjudicator For the Grievor: [...] Rather, it must show that the rejection is for an employment-related reason. [...] 33 For all of the above reasons, I make the following order: V. Order
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72.
Lewis v. Deputy Head (Correctional Service of Canada) - 2023 FPSLREB 27 - 2023-03-24
FPSLREB Decisions - Labour RelationsExtension of time
[6] For the reasons that follow, the application for an extension of time is granted. [...] 1. Clear, cogent, and compelling reasons for the delay [22] The applicant submits that there is a clear, cogent, and compelling reason for the delay. [...] [76] For all of the above reasons, the Board makes the following order:
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73.
Yarmolinsky v. Canada Customs and Revenue Agency - 2005 PSLRB 170 - 2005-12-05
FPSLREB Decisions - Labour RelationsMisconduct
Severance pay
Termination (disciplinary)
Thus, the reason for removing a person from service is a focal consideration in this context. [...] It is our contention that it is entirely reasonable to award severance pay in these circumstances. [...] [17] For all of the above reasons, I make the following order: Order
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74.
Belisle v. Deputy Head (Department of Aboriginal Affairs and Northern Development) - 2016 PSLREB 88 - 2016-09-22
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Individual grievances referred to adjudication [...] In my view, the respondent had enough information to logically conclude that there was no reasonable likelihood that the grievor would return to work in the reasonably foreseeable future. [...] 58 For all of the above reasons, I make the following order: IV. Order
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75.
Bencharski v. Deputy Head (Correctional Service of Canada) - 2009 PSLRB 75 - 2009-06-12
FPSLREB Decisions - Labour RelationsAbsence certification
Jurisdiction
Sick leave
REASONS FOR DECISION Before: George Filliter, adjudicator For the Grievor: [...] 14 The employer submitted that the disciplinary action was reasonable. [...] 61 For all of the above reasons, I make the following order: VIII. Order