3,378 result(s)
-
1,101.
Esam v. Public Service Alliance of Canada (Union of National Employees) - 2014 PSLRB 90 - 2014-10-02
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Time limit
Unfair labour practice
He stated that he was acting in her best interests and noted that she had told him that the investigation was affecting her health; for that reason, he was attempting to bring matters to a conclusion. [...] Reasons 30 This complaint was filed on November 8, 2013, even though the complainant stated in her submissions that it was filed on October 30, 2013. [...] 42 For all of the above reasons, the Board makes the following order:
-
1,102.
Beauchamp v. Commissioner of Correctional Service Canada - 2014 PSST 16 - 2014-09-30
FPSLREB Decisions - Staffing ComplaintsReasons for Decision Introduction 1 The Public Service Staffing Tribunal (the Tribunal) is seized with a complaint filed under s. 77(1) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (the PSEA) regarding two acting appointments to the Correctional Service of Canada (CSC) of less than four months. [...] 8 Section 77(1)(a) of the PSEA provides that a person in the area of recourse may make a complaint that he or she was not appointed or proposed for appointment by reason of an abuse of authority by the PSC or the deputy head under s. 30(2) of the PSEA, which deals with appointments made on the basis of merit. [...] Date of Reasons: September 30, 2014 APPEARANCES: For the complainant:
-
1,103.
Ranu v. Deputy Head (Correctional Service of Canada) - 2014 PSLRB 89 - 2014-09-24
FPSLREB Decisions - Labour RelationsBreach of trust
Burden of proof
Correctional officer
Credibility
Negligence
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] The grievor was previously disciplined for similar but not identical reasons. [...] [50] For all of the above reasons, I make the following order: V. Order
-
1,104.
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.
-
1,105.
Kubinski v. Deputy Head (Correctional Service of Canada) - 2014 PSLRB 87 - 2014-09-23
FPSLREB Decisions - Labour RelationsBurden of proof
Credibility
Jurisdiction
Management rights
Procedure
Rejection on probation
Termination (non-disciplinary)
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] One employment–related reason may be enough; see Dalen. The respondent has proven a number of employment–related reasons for rejecting Dr. Kubinski on probation. [...] Any reasonable person would appreciate that these were significant points for his employer.
-
1,106.
Andres v. Canada Revenue Agency - 2014 PSLRB 86 - 2014-09-19
FPSLREB Decisions - Labour RelationsBurden of proof
Compensation
Duty to accommodate
Holiday
Human rights
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] The grievor maintains that he put forward a reasonable accommodation and there was no reason provided to him as to why that accommodation was not reasonable. [...] 107 For all of the above reasons, I make the following order: V. Order
-
1,107.
Aphantitis v. Treasury Board (Department of Justice) - 2014 PSLRB 85 - 2014-09-19
FPSLREB Decisions - Labour RelationsJob description
Jurisdiction
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] IV. Reasons 40 In Jennings and Myers, the adjudicator wrote as follows at paragraphs 51 to 53: [...] 58 For all of the above reasons, I make the following order: V. Order
-
1,108.
King v. Deputy Head (Correctional Service of Canada) - 2014 PSLRB 84 - 2014-09-19
FPSLREB Decisions - Labour RelationsAbuse of authority
Breach of trust
Burden of proof
Correctional officer
Financial penalty
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] Furthermore, the disciplinary penalty that he imposed was reasonable. [...] 120 For all of the above reasons, I make the following order: V. Order
-
1,109.
Public Service Alliance of Canada v. Statistical Survey Operations - 2014 PSLRB 83 - 2014-09-17
FPSLREB Decisions - Labour RelationsCompensation
Human rights
Occupational category
Pay equity
REASONS FOR DECISION I. Complaint before the Public Service Labour Relations Board [...] (8) The Board shall make a decision in writing in respect of the complaint and send a copy of its decision with the reasons for it to the employer, or the employer and the bargaining agent, as the case may be. [...] 65 For all of the above reasons, the Board makes the following order:
-
1,110.
Nadeau v. Deputy Head (Correctional Service of Canada) - 2014 PSLRB 82 - 2014-09-11
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Individual grievance referred to adjudication [...] 216 I do not consider this to be a reasonable explanation in the circumstances. [...] 314 For all the above reasons, I make the following order: IX. Order
-
1,111.
Bergeron v. Canadian Security Intelligence Service - 2014 PSLRB 81 - 2014-09-09
FPSLREB Decisions - Labour RelationsBurden of proof
Jurisdiction
Rejection on probation
Termination (non-disciplinary)
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] A distinction must be made between an employment related reason and “just cause”. [...] A. Was the termination during probation done for an employment-related reason?
-
1,112.
Skoulas v. Deputy Head (Department of Foreign Affairs, Trade and Development) - 2014 PSLRB 80 - 2014-09-04
FPSLREB Decisions - Labour RelationsCompensation
Relocation assistance
Retroactive pay
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] In short, the words of a collective agreement are to be given their ordinary and plain meaning unless there is a valid reason for adopting another. [...] 43 For all of the above reasons, I make the following order: V. Order
-
1,113.
Pynn v. Commissioner of the Correctional Service of Canada - 2014 PSST 15 - 2014-09-03
FPSLREB Decisions - Staffing ComplaintsNo explanation was provided to any of the candidates as to the reasons for this decision. [...] 67 For all these reasons, the complaints are dismissed. Eugene F. Williams [...] Date of Reasons: September 3, 2014 APPEARANCES: For the complainant:
-
1,114.
Healey v. Chairperson of the Parole Board of Canada - 2014 PSST 14 - 2014-08-26
FPSLREB Decisions - Staffing ComplaintsWould a reasonably informed bystander looking at the appointment process reasonably perceive bias on the part of one or more of the persons involved in the appointment decisions? [...] 68 For all these reasons, the Tribunal finds that the complaints are substantiated. [...] Date of Reasons: August 26, 2014 APPEARANCES: For the complainant:
-
1,115.
Burke v. Deputy Head (Department of National Defence) - 2014 PSLRB 79 - 2014-08-21
FPSLREB Decisions - Labour RelationsAggressive behaviour
Burden of proof
Employee attitude
Incapacity
Jurisdiction
Managerial discretion
Medical examination
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] The grievor wanted to contest a statement in the ROE that indicated “illness or injury” as the reason for the cessation of his pay. [...] One of the notes stated Mr. Burke would be sick for medical reasons until 24 May 2011.
-
1,116.
Bylow v. Treasury Board (Correctional Service of Canada) - 2014 PSLRB 78 - 2014-08-19
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Individual grievances referred to adjudication [...] IV. Reasons [40] The grievors had their hours of work for four days during one week in November 2009 altered in order to accommodate training requirements. [...] [59] For all of the above reasons, the Board makes the following order:
-
1,117.
Doherty v. Treasury Board (Department of National Defence) - 2014 PSLRB 77 - 2014-08-19
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Individual grievance referred to adjudication [...] Subject to the operational requirements of the service, the Employer shall make every reasonable effort: [...] [38] For all of the above reasons, the Board makes the following order:
-
1,118.
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
-
1,119.
King v. Public Service Alliance of Canada - 2014 PSLRB 75 - 2014-08-11
FPSLREB Decisions - Labour RelationsFor reasons dated April 26, 2012, the application was dismissed. That decision was in turn appealed. [...] The Federal Court of Appeal heard the appeal on May 15, 2013, and dismissed it for reasons dated May 16, 2013. [...] [44] For all of the above reasons, the Board makes the following order:
-
1,120.
Topping v. Deputy Head (Department of Public Works and Government Services) - 2014 PSLRB 74 - 2014-08-11
FPSLREB Decisions - Labour RelationsBurden of proof
Memorandum of settlement
Procedure
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] 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." [...] 160 For all of the above reasons, I make the following order: VI. Order
-
1,121.
Saunders v. Deputy Minister of National Defence - 2014 PSST 13 - 2014-08-04
FPSLREB Decisions - Labour RelationsReasonable non‑discriminatory explanation [66] In answer to the prima facie case, the respondent provided a reasonable non‑discriminatory explanation for selecting the complainant for lay-off. [...] [95] For these reasons, the complaint is dismissed. John Mooney Vice-Chairperson [...] Date of Reasons August 8, 2014 APPEARANCES: For the complainant
-
1,122.
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
-
1,123.
Abi-Mansour v. Chief Executive Officer of Passport Canada - 2014 PSST 12 - 2014-07-22
FPSLREB Decisions - Staffing ComplaintsThe Tribunal found that the complainant’s interpretation was different but reasonable. [...] 93 For all these reasons, the complaint is dismissed. Parties of Record [...] Date of Reasons: July 22, 2014 APPEARANCES: For the complainant:
-
1,124.
Ricard v. Canada Border Services Agency - 2014 PSLRB 72 - 2014-07-21
FPSLREB Decisions - Labour RelationsAggressive behaviour towards superior
Burden of proof
Credibility
Employee attitude
Job performance
Jurisdiction
Procedure
Rejection on probation
Termination (non-disciplinary)
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] The employer argued that similar reasoning is applicable in this case. [...] For the reasons that follow, I do not believe that she met that burden.
-
1,125.
Legere v. Correctional Service of Canada - 2014 PSLRB 70 - 2014-07-08
FPSLREB Decisions - Labour RelationsBurden of proof
Correctional officer
Demotion
Jurisdiction
Transfer
Should you decline the offer without reasonable grounds as determined by your Regional Deputy Commissioner, it could lead to a layoff situation. [...] It is understood that reasonable efforts will be made to accommodate your needs along with the organizational operational needs. [...] VII. Reasons 64 For all of the above reasons, I make the following order: