3,377 result(s)
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1.
Laye v. Deputy Head (Department of Agriculture and Agri-Food) - 2013 PSLRB 27 - 2013-03-21
FPSLREB Decisions - Labour RelationsAbandonment of position
Sick leave
Termination (non-disciplinary)
REASONS FOR DECISION Before: David Olsen, adjudicator For the Grievor: [...] The employer argued that the test is one of reasonableness, that is, did the deputy head form the opinion that the employee had abandoned her position in a reasonable manner? [...] 180 For all of the above reasons, I make the following order: Order
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2.
Chow v. Treasury Board (Statistics Canada) - 2006 PSLRB 71 - 2006-06-07
FPSLREB Decisions - Labour RelationsGrievance procedure
Recusal
[43] The grievor always has a reason to ask for an extension, and she always will have a reason to ask for an extension. [...] A reasonable person, I believe, would not conclude that there was any reasonable apprehension of bias in these circumstances. [...] A reasonable person, I believe, would find no reasonable apprehension of bias here.
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3.
Union of Canadian Correctional Officers - Syndicat des agents correctionnels - CSN v. Treasury Board (Correctional Service of Canada) - 2007 PSLRB 120 - 2007-12-18
FPSLREB Decisions - Labour RelationsCompensation
Jurisdiction
REASONS FOR DECISION Before: Ian R. Mackenzie, adjudicator For the Bargaining Agent: [...] The grievors alleged that they had not been paid various premiums within a reasonable time. [...] 38 For all of the above reasons, I make the following order: V. Order
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4.
King v. Canadian Food Inspection Agency - 2006 PSLRB 37 - 2006-03-31
FPSLREB Decisions - Labour RelationsEstoppel
Injury-on-duty leave
This focus on the reasonableness of the decision-making process was echoed by the adjudicator in Colyer (supra), who stated: “I am satisfied that these criteria are reasonable and that the Review Board made a reasoned decision based thereupon.” [...] If the provision does not dictate that “reasonable” always means that IODL will be the same length as the employee’s absence, neither does it dictate that another formula adopted without regard to the particular situation of an employee will be “reasonable.” [...] [39] For all of the above reasons, the Board makes the following order:
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5.
Lainey v. Treasury Board (Correctional Service of Canada) - 2019 FPSLREB 63 - 2019-07-02
FPSLREB Decisions - Labour RelationsWorkforce adjustment
2. Did the employer make a reasonable job offer to the grievor under the definition of “reasonable job offer” in the Appendix? [...] B. Issue 2: Did the employer make a reasonable job offer to the grievor under the definition of “reasonable job offer” in the Appendix? [...] What is reasonable in one situation may not be reasonable in another.
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6.
National Police Federation v. Treasury Board - 2020 FPSLREB 44 - 2020-04-29
FPSLREB Decisions - Labour RelationsThe changes were not consistent with past management practices, with what a reasonable employer would have done in the same situation, or within the employees’ reasonable expectations. [...] IV. Reasons [40] Statutory freeze provisions serve a vital function. [...] The same approach could also reasonably have been taken in this matter.
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7.
Sabourin v. House of Commons - 2006 PSLRB 15 - 2006-02-14
FPSLREB Decisions - Labour RelationsFraud
Termination (disciplinary)
St. Louis and Cyr had no reason to question Dr. Dickson’s assessment. [...] He agreed that contacting Dr. Dickson would have been a reasonable step. [...] [106] For all of the above reasons, I make the following order: Order
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8.
Close v. Treasury Board (Department of Citizenship and Immigration) - 2016 PSLREB 18 - 2016-03-02
FPSLREB Decisions - Labour RelationsAnnual leave
Discretionary leave
Weather
That was one of the reasons she and her husband bought the snowblower and was the reason her husband operated it. [...] Employees are not required to exhaust all possible options but must make a reasonable effort and consider reasonable options. [...] For those reasons, I do not find her denial of Ms. Close’s leave request reasonable.
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9.
Scharf v. Canada Revenue Agency - 2012 PSLRB 89 - 2012-08-31
FPSLREB Decisions - Labour RelationsComplaint
Recusal
3. the criterion of disqualification is the reasonable apprehension of bias; [...] I can see no real difference between the expressions found in the decided cases, be they ‘reasonable apprehension of bias’, ‘reasonable suspension of bias’ or ‘real likelihood of bias’. [...] [20] For all of the above reasons, the Board makes the following order:
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10.
Vaughan and Treasury Board (Public Works and Government Services Canada) - 1998-08-12
FPSLREB Decisions - Labour RelationsJurisdiction
Layoff
Termination (non-disciplinary)
Workforce adjustment
In the absence of a reasonable job offer, the surplus period is extended and the employee not laid off until after a reasonable job offer has been refused: [...] For that purpose, the Grievor asserted that the job offer was not “reasonable”. [...] The Employer suggested that the job offer of February 17, 1995, which I have determined not to have been reasonable, was subsequently made reasonable.
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11.
Bzdel v. Treasury Board (Canada Border Services Agency) - 2020 FPSLREB 27 - 2020-03-10
FPSLREB Decisions - Labour RelationsChild care
Discrimination
Duty to accommodate
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] [65] For these reasons, I find that the grievor has not established a prima facie case of discrimination since she failed to establish that she met both the second and the third steps enumerated in Johnstone-FCA, that she made reasonable efforts to meet her childcare obligations through reasonable alternative solutions, and [...] [68] For all of the above reasons, the Board makes the following order:
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12.
Parker v. Deputy Head (Correctional Service of Canada) - 2022 FPSLREB 57 - 2022-07-06
FPSLREB Decisions - Labour RelationsExtension of time
Jurisdiction
Time limit
In assessing the reason that the applicant provided for the delay, I must ask myself, is the reason easily understood, compelling, and convincing? [...] In this case, and for the reasons outlined later in this decision, I find that the applicant failed to provide a “clear, cogent and compelling reason” for the delay. [...] It was up to the applicant to provide clarifications as to the reason for the delay, but the reason given, when analyzed in light of the evidence, is woefully lacking.
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13.
Green v. Deputy Minister of National Defence - 2018 FPSLREB 69 - 2018-08-21
FPSLREB Decisions - Staffing ComplaintsAbuse of authority
10 I must determine the following issue: Did the respondent abuse its authority in the application of merit by reason of a reasonable apprehension of bias? [...] 58 The complainant submitted that there are two reasons behind the respondent abusing its authority in the application of merit by reason of a reasonable apprehension of bias. [...] 69 The complainant argued that the respondent abused its authority in the application of merit by reason of bias for a second reason.
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14.
Perelmuter v. Office of the Superintendent of Financial Institutions - 2013 PSLRB 15 - 2013-02-20
FPSLREB Decisions - Labour RelationsAbandonment of grievance
Burden of proof
Complaint
Duty of fair representation
Unfair labour practice
REASONS FOR DECISION Before: Michael Bendel, adjudicator For the Grievor: [...] It was clear that five-and-a-half years was beyond a reasonable period. [...] 27 For all the above reasons, I make the following order: IV.Order
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15.
Melanson v. Deputy Head (Correctional Service of Canada) - 2009 PSLRB 33 - 2009-03-16
FPSLREB Decisions - Labour RelationsJurisdiction
Rejection on probation
REASONS FOR DECISION Before: John A. Mooney, adjudicator For the Grievor: [...] As long as the reason is a legitimate employment-related reason, I cannot intervene. [...] 159 The difficulty in this grievance is that two of the main reasons for rejecting the grievor are not legitimate employment-related reasons, while the other two reasons are legitimate.
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16.
Kranson v. Canadian Food Inspection Agency - 2009 PSLRB 76 - 2009-06-12
FPSLREB Decisions - Labour RelationsCollective agreement
Meal allowance
Overtime
REASONS FOR DECISION Before: Dan Butler, adjudicator For the Grievors: [...] Clause 27.08(c) states that employees “shall be allowed” that reasonable time with pay. [...] 31 For all of the above reasons, I make the following order: V. Order
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17.
Daigle v. Treasury Board (Canada Border Services Agency) - 2021 FPSLREB 73 - 2021-06-23
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION FPSLREB TRANSLATION I. Introduction II. Background [...] In my opinion, that kind of planning does not meet the requirement that an employee exercise reasonable foresight and take reasonable measures to ensure that he or she is able to report for duty. [...] [96] I am persuaded by that reasoning, to which I add the following.
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18.
Gignac v. Deputy Minister of Public Works and Government Services - 2010 PSST 0010 - 2010-08-09
FPSLREB Decisions - Staffing Complaints” 74For all these reasons, the Tribunal finds that a reasonable apprehension of bias in a staffing decision demonstrates bad faith, which constitutes abuse of authority. [...] 84For all these reasons, the Tribunal considers Mr. Fradette’s version as unlikely and sees the complainant’s version as reasonable on the balance of probabilities. [...] Date of Reasons: August 9, 2010 APPEARANCES: For the complainant:
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19.
Haller v. Deputy Head (Department of National Defence) - 2022 FPSLREB 100 - 2022-12-07
FPSLREB Decisions - Staffing ComplaintsB. Reasonable apprehension of bias [71] The complainant submits that there existed a reasonable apprehension that the respondent was biased in its assessment of his candidacy. [...] [74] The complainant provided no evidence capable of reasonably supporting an allegation of a reasonable apprehension bias or differential treatment. [...] [91] For all of the above reasons, the Board makes the following order:
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20.
Thomas v. Treasury Board (Department of Human Resources and Skills Development) - 2012 PSLRB 49 - 2012-04-19
FPSLREB Decisions - Labour RelationsWorkforce adjustment
REASONS FOR DECISION Before: Steven B. Katkin, adjudicator For the Grievor: [...] He also seeks a declaration that the deployment to Bathurst was not reasonable. [...] However, he refused to relocate to Bathurst for family reasons, which he was entitled to do.
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21.
Pronovost v. Treasury Board (Department of Human Resources and Skills Development) - 2007 PSLRB 93 - 2007-08-31
FPSLREB Decisions - Labour RelationsAnnual leave
Estoppel
Operational requirements
Past practice
REASONS FOR DECISION Before: Léo-Paul Guindon, adjudicator For the Grievor: [...] In addition, if the employee so requests, the employer must give its reasons in writing. [...] 100 For all of the above reasons, I make the following order: V. Order
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22.
Lavoie v. Treasury Board (Correctional Service of Canada) - 2021 FPSLREB 54 - 2021-05-19
FPSLREB Decisions - Labour RelationsCollective agreement
Meal allowance
Overtime
REASONS FOR DECISION (FPSLREB TRANSLATION) I. Individual grievance referred to adjudication [...] The concept of reasonable expectation does not appear anywhere else in the collective agreement. [...] Clause 21.15(c) provides that a reasonable period will be allowed for taking a meal break.
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23.
Scanlon and Christianson v. Canada Revenue Agency - 2009 PSLRB 42 - 2009-04-07
FPSLREB Decisions - Labour RelationsCollective agreement
Management rights
Standby pay
REASONS FOR DECISION Before: John Steeves, adjudicator For the Grievors: [...] Other than this statement I am not aware of a legal requirement that an employer must not only act reasonably but also provide an explanation and “prove” to employees that they acted reasonably. [...] 53 For all of the above reasons, I make the following order: Order
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24.
Gaudreau v. Deputy Minister of Fisheries and Oceans - 2013 PSST 0023 - 2013-06-13
FPSLREB Decisions - Staffing ComplaintsThere is thus a satisfactory, reasonable explanation for these scores. [...] 72 For these reasons, the complaint is dismissed. Nathalie Daigle Member [...] Date of Reasons: June 13, 2013 APPEARANCES: For the complainant:
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25.
Cooper v. Treasury Board (Correctional Service of Canada) - 2011 PSLRB 38 - 2011-03-28
FPSLREB Decisions - Labour RelationsCorrectional officer
Overtime pay
Work schedule
REASONS FOR DECISION Before: Roger Beaulieu, adjudicator For the Grievor: [...] 20 For all those reasons, the grievor submitted that the employer did not make every reasonable effort to allow eight hours between his shifts. [...] 58 For all of the above reasons, I make the following order: V. Order