Grierson-Heffernan v. Deputy Head (Canada Border Services Agency)
2013 PSLRB 156
- Before: Augustus Richardson
- Decision Rendered: 2013-12-04
- Original Language: English
Reinstatement – Retroactive pay – Delay – Proof of loss
The adjudicator had rendered a decision (2013 PSLRB 30) setting aside the grievor’s termination and declaring her to have been an indeterminate employee – he remained seized to permit the parties time to implement the steps necessary to give effect to his order – the parties reached agreement on several issues but were unable to agree on whether the grievor was entitled to retroactive pay from the date of the decision to the date of the hearing – the adjudicator decided that the grievor was not entitled to retroactive pay – there was evidence that the grievor was working when the initial decision was issued but there was no evidence of what she had earned, and therefore, there was no clear evidence of any loss – even if there was a loss, there was no evidence that the grievor would have been prepared to move in order to take up a position elsewhere than her home – the employer had made good faith efforts to locate a position near her residence in a timely way, and some of the delay was attributable to the grievor.