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In an earlier decision, the adjudicator found that the employer did not have any reasonable grounds to question the grievor’s fitness to work – the employer placed the grievor on leave without pay – the grievor grieved the cessation of his salary and his placement on leave without pay – the adjudicator found that the employer’s measures were disciplinary in nature, that the grievor had been indefinitely suspended without pay and that the discipline was unwarranted – the adjudicator ordered the grievor’s reinstatement with salary and all benefits, and remained seized for a period of 90 days to address any matters relating to its implementation (2005 PSLRB 150) – the grievor received his retroactive salary as ordered, but the parties were unable to resolve all remedial issues within the 90-day period – certain of these issues related to the grievor’s reinstatement (vacation and sick leave, bonus pay, Christmas paid leave and professional membership fees), while others related to damages, compensation for lost professional opportunities and compensation for financial hardship – the adjudicator concluded that she has no jurisdiction to determine the grievor’s entitlement to certain remedies that fall outside the parameters of the grievances before her – the adjudicator found that the grievor was not entitled to bonus pay, but ordered that his vacation and sick leave banks be credited and that his professional membership fees be reimbursed – the adjudicator further found that her original order was clear and complete, and that she is functus to make any subsequent order that exceeds the scope of her original order.
Remedies sought allowed in part.