Edwards and Treasury Board (Agriculture & Agri-Food Canada)

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166-2-27494
Edwards and Treasury Board (Agriculture & Agri-Food Canada)

Before: B. Turner
Appearances: S. Brosseau, for the Grievor; H. Newman, for the Employer
Decision rendered: December 22, 1997

Work Force Adjustment Directive – Pay in lieu of unfulfilled surplus period – grievor claimed employer unreasonably denied her request for pay in lieu of unfulfilled surplus period contrary to the provisions of the Work Force Adjustment Directive which formed part of her collective agreement – employer claimed that it wished to retain her services and would give her a reasonable job offer instead – at grievor's insistence following the elimination of most of her duties, employer declared her to be surplus to requirements but offered her a position at the same classification and level, which grievor declined – adjudicator was not convinced that it was a reasonable job offer and concluded that employer had acted unreasonably when it denied her request for pay in lieu of unfulfilled surplus period – accordingly, adjudicator ordered employer to compensate the grievor in the amount of six months' pay in lieu of unfulfilled surplus period.

Grievance allowed.