Laplante v. Treasury Board (Industry Canada and the Communications Research Centre)

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2007 PSLRB 95
Before: Léo-Paul Guindon
Decision Rendered: September 10, 2007
Original Language: French
An application for judicial review before the Federal Court has been withdrawn (Court file: T-1809-07).
Complaint — Harassment — Unfair labour practices — Discrimination — Criteria for a complaint made under section 190 of the Public Service Labour Relations Act (the “Act”), enacted by section 2 of the Public Service Modernization Act, S.C. 2003, c. 22

The complainant filed a complaint under section 190 of the Act citing unfair labour practices by the employer as specified in subsections 186(1) and (2) — the complainant alleged that the employer changed her working conditions based on discrimination — other employees had complained against the complainant, alleging harassment — the employer changed the complainant’s working conditions so that she would no longer be working with the employees who had complained, in accordance with its policy on harassment — after investigating, the employer determined that the other employees’ harassment complaints were unfounded — the employer did not immediately reinstate the complainant to her former functions — the complainant also filed grievances based on the same facts as this complaint — there was no evidence that the employer had acted as stated in subsection 186(1) or (2) of the Act — the Board found that the complainant’s allegations were not grounds for a complaint under section 190 of the Act — therefore, the complaint was dismissed.

Complaint dismissed.