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166-2-31819 (2004 PSSRB 148)
Loyer v. Treasury Board (Correctional Service of Canada)
Before: J.-P. Tessier
Appearances: R. Mercier, for the grievor; J. Champagne, for the employer
Decision rendered: October 13, 2004
Dismissal (disciplinary) - Compensation in lieu of reinstatement - Calculation of compensation - the grievor was dismissed on October 11, 2001 - in an initial decision (2004 PSSRB 17), the adjudicator had determined that the dismissal had to be rescinded because the employer had acted hastily and inappropriately in dismissing the employee on the grounds that he had failed to file a satisfactory medical report - the adjudicator had found that reinstatement was inappropriate, however, since, according to him, the evidence showed that the relationship of trust between the employee and the employer had been permanently damaged - the employee displayed an aggressive attitude towards the employer and there was no reason to believe that he could have functioned suitably if he had been reinstated in his work environment - compensation in lieu of reinstatement had to be determined, therefore, and this is the subject of this decision - after taking into account the written submissions of the parties, the adjudicator concluded that compensation equivalent to one year of salary was appropriate - the adjudicator took into account the fact that the employee was at fault and warranted a suspension without pay - he also took into account the nature of the employment, the grievor's age (50 years) and his employment prospects.
Grievance allowed in part.
Case cited: Doucette v. Treasury Board (Department of National Defence), 2003 PSSRB 66.