Roessel and Treasury Board (Canadian Heritage)

166-2-27341

  • Before: B. Turner
  • Appearances: C. O'Brien, for the Grievor; A. Levesque, for the Employer
  • Decision Rendered: 1997-03-12

Subject terms:

Workforce Adjustment Directive - Employee's entitlement to declaration that her position was surplus to requirements - Pay in lieu of unfulfilled surplus period - at a meeting in January 1995 employees were advised that their regional office would be downsized approximately 50%, that there would be no opportunities for promotion or advancement for three years and that those who wished to do so should begin to seek opportunities outside the Public Service - when she learned that one of the two positions at her level would be eliminated, grievor accepted a job offer outside the Public Service - as a result in July 1995 she requested that employer declare her position surplus and that she be granted pay in lieu of unfulfilled surplus period (cash-out) under the relevant provisions of the Workforce Adjustment Directive (WFAD) which formed part of her collective agreement - employer refused to declare grievor's position surplus and to pay her the cash-out which she had requested - her supervisor indicated that employer intended to make her a reasonable job offer instead of laying her off - grievor submitted a grievance against employer's decision not to declare her position surplus or to pay her the cash-out - at the final level of the grievance procedure, the National Joint Council found that grievor's position should have been declared surplus as she had requested - accordingly, employer declared her position surplus in July 1996 and made her a reasonable job offer in the same classification and at the same level as the surplus position even though grievor had been working in a position outside the Public Service for approximately one year - employer refused to grant her pay in lieu of unfulfilled surplus period - adjudicator concluded that employer had violated the WFAD when it refused to declare grievor's position surplus in July 1995 - had employer done so, adjudicator found that grievor would have qualified for pay in lieu of unfulfilled surplus period pursuant to the employer's policy then in force - furthermore, employer had not made her a reasonable job offer within six months of July 1995 - accordingly, adjudicator directed employer to compensate the grievor in the amount of six months' pay in lieu of unfulfilled surplus period.

Grievance allowed.