Public Service Labour Relations Board
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Robitaille v. Deputy Head (Department of Transport)

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2010 PSLRB 70

Before: Michele A. Pineau
Decision Rendered: May 27, 2010
Original Language: French
An application for judicial review before the Federal Court has been allowed. (2011 FC 1218) (Court file: T-962-10). An appeal is pending before the Federal Court of Appeal (Court file: A-453-11).

Subject terms:

Suspension (15 days) – Demotion – Harassment complaint – Jurisdiction – Credibility – Breach of the duties of transparency, diligence, prudence and impartiality – Remedy – Compensatory damages – Punitive damages

The grievor was a manager – he was the subject of a harassment complaint – the Deputy Head conducted an investigation into the complaint and the work climate in the unit managed by the grievor – following the investigation, the Deputy Head imposed a 15-day suspension on the grievor and an indeterminate reassignment to duties at a lower level in another workplace with salary protection until he accepted a remedial action plan – the grievor filed grievances against the measures and asked for damages – after the grievances were referred to adjudication, the Deputy Head replaced the suspension with a letter of reprimand – the Deputy Head objected to the jurisdiction of an adjudicator – the adjudicator concluded that the substitution of a letter of reprimand for the suspension after the disciplinary measure was referred to adjudication did not deprive her of jurisdiction – the adjudicator also concluded that she had the jurisdiction to address the grievor’s reassignment because it constituted a disciplinary demotion – she concluded that there were no grounds for the harassment complaint and that the measures imposed on the grievor were not justified – the adjudicator also found that, in handling the complaint, the Deputy Head breached its duties of transparency, diligence, prudence and impartiality – the adjudicator reinstated the grievor in his management position and awarded him compensatory and punitive damages.

Grievances allowed.

Jurisdiction retained over the assessment of the damages.