The grievor’s position was discontinued, and the Canadian Food Inspection Agency (“the Agency”) offered him another position, dependent on successful on-the-job retraining – the Agency prematurely terminated the grievor’s retraining – the grievor grieved that the employment-transition provisions of his collective agreement were violated and that disguised discipline occurred – in an earlier decision, an adjudicator reviewed the adequacy of the retraining plan and found no breach of the collective agreement: Olson v.Canadian Food Inspection Agency, 2007 PSLRB 24 – the Federal Court remitted the matter to a different adjudicator for a redetermination of whether the Agency had provided the grievor with appropriate and reasonable retraining: Olson v.Canada (Attorney General), 2008 FC 209 – the adjudicator found that it was not the case because the specific issues over which the Agency considered that the grievor had failed retraining had not been taken into account in developing his retraining plan and were not sufficiently addressed during retraining – the adjudicator ordered the grievor reinstated as a surplus employee.

Grievance allowed in part.