Public Service Labour Relations Board
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Byfield v. Canada Revenue Agency

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2006 PSLRB 119
Before: Barry D. Done
Decision Rendered: November 2, 2006
Original Language: English

Subject terms:

Discipline – One-day suspension – Insubordination – Refusal to attend meeting – No medical evidence offered – “Obey now, grieve later’’ applies – No provocation – Suspension not out of all proportion to the misconduct

The grievor was subject to an action plan designed to correct identified deficiencies in his performance – the plan required weekly meetings with the grievor’s supervisor – the grievor refused to sign the action plan and grieved it – he was alarmed that termination could result from the action plan, and he felt that the meetings were unhelpful – he also objected to the fact that he was not permitted to have an observer attend the meetings – over the course of a month, the situation between the grievor and his new supervisor escalated – the grievor challenged his assignment of files as being too junior, arranged for a meeting with an auditor in a location that was contrary to his supervisor’s instructions, refused to provide copies of the questions he proposed to ask of the auditor, and, finally, refused to attend a meeting with respect to the action plan – a one-day suspension was imposed following this refusal, as the employer considered the grievor’s behaviour to be insubordinate and disrespectful – the grievor insisted that the weekly meetings take place on specified days and at specified times – at the hearing, the grievor claimed that his stress level was such that he required medication, and that his Employee Assistance counsellor had recommended that he not attend or attend only with an observer those meetings that were “randomly scheduled” – the grievor had not mentioned any medical condition to the employer at that time, and had offered no medical note explaining his need for regularly scheduled meetings – the adjudicator held that the employer had proven misconduct in the form of insubordination – this case was not an exception to the adage of “obey now, grieve later” – the grievor had presented no medical evidence to justify his refusal – the penalty was not out of all proportion to the misconduct – it was within the range of discipline provided for in the employer’s discipline policy – reduction of the penalty would not be appropriate, as the grievor had disregarded two earlier warnings that he would be disciplined if he did not attend the meetings – no provocation was proven – the grievor did not have a right to have a union representative attend the meetings with him.

Grievance dismissed.