Gardner Costa v. Treasury Board (Canada Border Services Agency)

2010 PSLRB 59

  • Before: Renaud Paquet
  • Decision Rendered: 2010-05-04
  • Original Language: English

Subject terms:

Grievance pursuant to section 92 of the Public Service Staff Relations Act – Care and nurturing leave – Declaration – Mootness

The grievor applied for a care and nurturing leave by making two requests, one for a four-month leave, the other for a year-long leave – the employer denied the four-month leave but had to grant the year-long leave under the terms of the collective agreement – the employer invoked continuous service obligations to refuse the four-month leave, but there was no evidence to show that continuous service was a consideration in refusing the leave – the grievor returned to work well before the end of the year-long leave – the grievor was seeking a declaration that denying the four-month leave violated the terms of the collective agreement – the employer argued that the issue was moot, since the grievor had been granted the leave – the adjudicator declared that refusing the four-month leave was contrary to the terms of the collective agreement.

Grievance allowed.