3,377 result(s)
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126.
Boutziouvis v. Financial Transactions and Reports Analysis Centre of Canada - 2010 PSLRB 135 - 2010-12-22
FPSLREB Decisions - Labour RelationsBreach of trust
Jurisdiction
Reinstatement
Termination (disciplinary)
REASONS FOR DECISION Before: Dan Butler, adjudicator For the Grievor: [...] V. Reasons A. Is an adjudicator entitled to inquire into the reasons for the grievor’s termination? [...] 137 For all of the above reasons, I make the following order: VI.Order
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127.
Gilkinson v. Professional Institute of the Public Service of Canada - 2013 PSLRB 141 - 2013-11-14
FPSLREB Decisions - Labour RelationsAbsence certification
Complaint
Conflict of interest
Decision review
Evidence
Failure to appear
Mental stress
Procedure
Recusal
The above named patient is ill and unable to work for medical reasons. [...] 1. Denial of requested adjournment for medical reasons; 2. Allegation that the Board member had a reasonable apprehension of bias; [...] 217 For all of the above reasons, the Board makes the following order:
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128.
Sandhu v. Deputy Head (Correctional Service of Canada) - 2020 FPSLREB 77 - 2020-07-24
FPSLREB Decisions - Labour RelationsDecision review
REASONS FOR DECISION I. Application before the Board A. For the applicant [...] [20] At pages 5 to 7 of its decision, the PSSRB reasoned as follows: [...] [27] For all of the above reasons, the Board makes the following order:
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129.
Gomy v. Deputy Minister of Health - 2019 FPSLREB 84 - 2019-08-29
FPSLREB Decisions - Staffing ComplaintsAbuse of authority
Reprisal
He then took three days of leave for family reasons over the next week. [...] If a reasonably informed observer could reasonably perceive bias on the part of one or more assessment board members, then the duty to act fairly has not been met. [...] [144] For all of the above reasons, the Board makes the following order:
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130.
Demers v. Treasury Board (Department of Public Works and Government Services) - 2007 PSLRB 118 - 2007-12-14
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Before: Michele A. Pineau, Vice-Chairperson [...] I must therefore determine whether these two reasons provide clear, cogent and compelling reasons justifying the applicant’s delay. [...] 74 For all of the above reasons, I make the following order: Order
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131.
McManaman v. Treasury Board (Correctional Service of Canada) - 2012 PSLRB 75 - 2012-07-13
FPSLREB Decisions - Labour RelationsOvertime assignment
REASONS FOR DECISION Before: Renaud Paquet, adjudicator For the Grievor: [...] 35 On January 7, 2011, the employer’s only reason for not offering overtime to the grievor was cost. [...] 40 For all of the above reasons, I make the following order: V. Order
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132.
Bahniuk v. Canada Revenue Agency - 2014 PSLRB 73 - 2014-07-25
FPSLREB Decisions - Labour RelationsCompensation
Remedy
Severance pay
Termination (disciplinary)
79 At pages 388-389, the arbitrator provided the following reasons for declining to follow the common law reasonable notice approach: [...] This was a primary reason cited by the arbitrators in those cases for departing from the common law reasonable notice approach. [...] 142 For all of the above reasons, I make the following order: Order
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133.
Bouchard v. Lahaie et al. - 2014 PSLRB 17 - 2014-02-18
FPSLREB Decisions - Labour RelationsBurden of proof
Decision review
The Board must ensure that a compelling reason exists to proceed with a reconsideration. [...] As I stated earlier, the purpose of reconsideration is to enable a party to present new evidence or arguments that could not reasonably have been presented at the original hearing, or is valid when there is a compelling reason for the reconsideration. [...] 19 For all of the above reasons, the Board makes the following order:
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134.
Desjarlais v. Deputy Head (Correctional Service of Canada) - 2014 PSLRB 88 - 2014-09-23
FPSLREB Decisions - Labour RelationsAdmissible evidence
Breach of security
Burden of proof
Correctional officer
Financial penalty
Remedy
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] 36 The issue is whether Mr. Clark’s use of the video was reasonable. [...] Employees have a reasonable expectation of privacy. It was not reasonable to use the video surveillance tape to discipline her.
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135.
Doran v. Treasury Board (Correctional Service of Canada) - 2018 FPSLREB 1 - 2018-01-03
FPSLREB Decisions - Labour RelationsCollective agreement
Meal allowance
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] IV. Reasons 19 For the most part, the evidence presented by the parties is undisputed. [...] 28 For all of the above reasons, the Board makes the following order:
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136.
Comparelli v. Canada Revenue Agency - 2014 PSLRB 76 - 2014-08-11
FPSLREB Decisions - Labour RelationsExtension of time
Grievance procedure
Time limit
An administrative error is not a clear, cogent and compelling reason. [...] • clear, cogent and compelling reasons for the delay; • the length of the delay; [...] 29 For all of the above reasons, I make the following order: IV. Order
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137.
Desjardins v. Deputy Head (Shared Services Canada) and Treasury Board (Shared Services Canada) - 2020 FPSLREB 43 - 2020-04-24
FPSLREB Decisions - Labour RelationsDiscrimination
Duty to accommodate
People with disabilities
Tardiness
Termination (disciplinary)
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] In the future, the reasons must be stated when you make the request. Leave for family reasons is granted for [these] specific reasons. [...] That was reasonable, and the grievor had a legitimate expectation that the reasonable approach would continue.
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138.
Public Service Alliance of Canada v. Treasury Board (Department of Citizenship and Immigration) - 2018 FPSLREB 74 - 2018-08-29
FPSLREB Decisions - Labour RelationsCollective agreement
Policy grievance
Workforce adjustment
There is nothing in the definition that implies that a job offer is not reasonable because the employee does not want it. [...] 66 For the reasons that I have explained, the grievance is allowed in part. [...] 68 For all of the above reasons, the Board makes the following order:
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139.
Chénard v. Treasury Board (Employment and Social Development Canada and Statistics Canada) - 2020 FPSLREB 15 - 2020-02-17
FPSLREB Decisions - Labour RelationsWorkforce adjustment
[10] HRSDC determined that it could not offer him a guarantee of a reasonable job offer. [...] However, the obligation is not absolute and is based on a reasonable effort. [...] [70] For all those reasons, the employer asked that the grievance be dismissed.
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140.
Pilon v. Canada Revenue Agency - 2012 PSLRB 62 - 2012-05-29
FPSLREB Decisions - Labour RelationsEstoppel
Flexible working hours
Work schedule
REASONS FOR DECISION Before: Steven B. Katkin, adjudicator For the Grievor: [...] In agreeing with the union’s argument on that point, the adjudicator reasoned as follows: [...] 62For all of the above reasons, I make the following order: V. Order
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141.
Chopra v. Deputy Head (Department of Health) - 2016 PSLREB 89 - 2016-09-22
FPSLREB Decisions - Labour RelationsInsubordination
Termination (disciplinary)
B. Reasons 5 In the course of making its order, the Federal Court made observations in the reasons that have a bearing on this rehearing. [...] The plain meaning of the Federal Court’s instruction to redetermine “in accordance with these reasons” is that I am bound by those reasons. [...] V. Reasons 78 In these reasons, I will first address the issue of condonation.
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142.
Boyce v. Treasury Board (Department of National Defence) - 2004 PSSRB 39 - 2004-05-17
FPSLREB Decisions - Labour RelationsBreach of trust
Jurisdiction
Rejection on probation
The process was biased and unfair and the reason for rejection was unfounded. [...] In order to justify a rejection on probation, the employer needs only to demonstrate that it had an employment-related reason for its decision, not that all of its reasons were well founded. [...] I conclude, therefore, that the employer had an employment-related reason for rejection on probation.
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143.
Powell v. National Research Council of Canada - 2010 PSLRB 25 - 2010-02-16
FPSLREB Decisions - Labour RelationsJurisdiction
Workforce adjustment
REASONS FOR DECISION Before: Renaud Paquet, adjudicator For the Grievor: [...] At a minimum, it meant making a reasonable effort to accommodate the employee’s request by making efforts of its own to gather information needed to come to a reasoned decision. [...] 47 For all of the above reasons, I make the following order: V. Order
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144.
Sidhu v. Treasury Board (Correctional Service of Canada) - 2008 PSLRB 25 - 2008-04-22
FPSLREB Decisions - Labour RelationsCanadian Charter of Rights and Freedoms
Jurisdiction
REASONS FOR DECISION Before: D.R. Quigley, adjudicator For the Grievor: [...] However, managerial reasonableness is expected. Clause 6.01 reads as follows: [...] 45 For all of the above reasons, I make the following order: V. Order
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145.
Bouchard v. Public Service Alliance of Canada - 2009 PSLRB 31 - 2009-03-12
FPSLREB Decisions - Labour RelationsBargaining agent
Complaint
Decision review
REASONS FOR DECISION Before: Marie-Josée Bédard, Vice-Chairperson [...] The basic reasons for that decision are found at paragraphs 20 to 24: [...] … 11 Applying those criteria to this case, I see no reason to intervene since none of the reasons brought up by the applicant meet the criteria set out by the Board.
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146.
Lemoire v. Treasury Board (Correctional Service of Canada) - 2016 PSLREB 45 - 2016-06-02
FPSLREB Decisions - Labour RelationsOvertime assignment
As well, it could be that the employer would have a valid reason to offer the overtime to another employee on the list, but I shall not speculate on what those valid reasons could be. [...] 70 For all of the above reasons, the Board makes the following order: [...] - denied on November 30, 2011, for the same reasons given at the first level.
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147.
Kinhnicki v. Canada Customs and Revenue Agency - 2003 PSSRB 52 - 2003-06-26
FPSLREB Decisions - Labour RelationsComplaint
Occupational health and safety
Refusal to work
Reprisal
Written reasons (2) The employer must provide the employee with written reasons for any disciplinary action within fifteen working days after receiving a request from the employee to do so. [...] Nevertheless, in the end result a number of reasonable measures were taken. [...] [62] The Employer based its defence on the issue of reasonable cause rather than this issue.
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148.
Hager et al. v. Statistical Survey Operations (Statistics Canada) - 2011 PSLRB 79 - 2011-06-15
FPSLREB Decisions - Labour RelationsComplaint
Jurisdiction
Unfair labour practice
Union activity
Work assignment
REASONS FOR DECISION Before: Dan Butler, Board Member For the Complainants: [...] 95 What were the stated business reasons for the respondent’s decisions? [...] 138 For all of the above reasons, the Board makes the following order:
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149.
Safire v. Treasury Board (Department of Veterans Affairs) - 2013 PSLRB 97 - 2013-08-21
FPSLREB Decisions - Labour RelationsCommuting allowance
Extension of time
Time limit
REASONS FOR DECISION Before: Renaud Paquet, Vice-Chairperson For the Applicant: [...] • clear, cogent and compelling reasons for the delay; • the length of the delay; [...] 34 For all of the above reasons, I make the following order: Order
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150.
McElrea and Treasury Board (Industry Canada) - 1999-02-11
FPSLREB Decisions - Labour RelationsNew issue
Procedure
Recusal
. . . 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. [...] Suffice it that reasonable people might think he did. The reason is plain enough. [...] ” that my conduct could have given rise to a reasonable apprehension of bias.