Schofield v. Treasury Board (Department of Foreign Affairs and International Trade)

Full Text

166-2-30712 (2002 PSSRB 47)
Schofield v. Treasury Board (Department of Foreign Affairs and International Trade)

Before: M.-M. Galipeau
Appearances: R. Cochrane, for the Grievor; H. Newman, for the Employer
Decision rendered: May 7, 2002

Alleged discipline – Whether sick leave could be viewed as a financial penalty – Wording of original grievance – New issues raised at adjudication – Jurisdiction – the grievor was the Consul and Senior Trade Commissioner posted in Düsseldorf, Germany – the employer recalled him prior to the end of his assignment and reassigned him to the position of Consul and Trade Commissioner in Detroit, United States of America – the grievor grieved his recall, alleging that he had been "unjustly disciplined for alleged misconduct" – the grievor was subsequently on sick leave for eight weeks, allegedly as a results of the events surrounding his recall – the grievor referred his grievance to adjudication – the employer objected to the adjudicator's jurisdiction to hear the grievance – it alleged that the grievor's recall was an administrative decision and was not for disciplinary reasons – it added that the grievor continued to receive all the advantages to which he was entitled, as his classification remained the same following his recall and reassignment – the grievor responded that his eight weeks' sick leave constituted a financial penalty – he added that his reassignment could be viewed as a demotion – the employer replied that the grievance did not allege a demotion and that the grievor was attempting to change the nature of his grievance at adjudication – the adjudicator found that the facts on which the grievor relied, even if proven, would not establish a prima facie case of disciplinary action resulting in a financial penalty imposed on the grievor before he filed his grievance – she also found that the original grievance made no mention of a financial penalty – she further found that the grievor could not raise for the first time at adjudication the issue of demotion.

Grievance denied.

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