23 total
Human rights application alleging racial discrimination in workplace transfers dismissed for lack of evidence.
The applicant, a Municipal Standards Officer, alleged racial discrimination after being denied a transfer back to his preferred office location.
He claimed that a less senior employee was transferred instead of him due to discrimination.
The Tribunal found that the transfer of the less senior employee was done in accordance with the collective agreement's temporary-to-permanent conversion process, and there was no evidence of racial discrimination.
Other allegations of discrimination were also dismissed as they were either out of time or lacked any connection to the applicant's race.
Duty of fair representation complaints dismissed; union counsel's strategic decisions at arbitration were reasonable.
The applicants filed complaints alleging that their union breached its duty of fair representation under section 74 of the Labour Relations Act during their grievance arbitration.
The applicants claimed that union counsel was uncaring, incompetent, failed to call corroborating witnesses, and fell asleep during the hearing.
The Board dismissed the applications, finding that union counsel's strategic decisions, including not calling certain witnesses and not seeking judicial review of the arbitrator's award, were reasonable judgment calls.
The Board concluded that the union's conduct was not arbitrary, discriminatory, or in bad faith, and that the applicants received adequate representation.
Grievance dismissed; employee on leave of absence not entitled to surplus redeployment rights.
The grievor, a Human Resources Consultant, took a two-year leave of absence to avoid being declared surplus during a downsizing and to reach ten years of continuous service for retirement benefits.
During his leave, several vacancies arose and were filled through open competitions.
The grievor filed a grievance claiming he should have been considered for direct assignment to these positions or, alternatively, that the employer had a duty to inform him of the vacancies and his options.
The Public Service Grievance Board dismissed the grievance, finding that the grievor was not a surplus employee while on leave and therefore had no right to direct assignment.
The Board also found no breach of any duty to inform, as the grievor had made incorrect assumptions about his status and failed to maintain contact with the employer to seek advice.
