Archived Content

Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats. Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving.

Barr and Flannery v. Treasury Board (Department of National Defence)

document icon
Full Text
2006 PSLRB 85
Before: Guy Giguère
Decision Rendered: July 7, 2006
Original Language: English
Human rights – Discrimination on the basis of age and sex – Bona fide operational requirement – Duty to accommodate – Grievance procedure – Jurisdiction – Burden of proof

The grievors are civilian firefighters with the Department of National Defence – they grieved the employer’s decision that required them to successfully complete a fitness test within eight minutes – the employer had announced that failure to meet that eight–minute standard could result in disciplinary action or termination of employment – the adjudicator first ruled that the grievances were not premature, and that he had jurisdiction to hear them – he found that the grievors have made a prima facie case of discrimination on the basis of age and sex – he ruled that the employer adopted the eight–minute standard for a purpose rationally connected to the performance of firefighting and in an honest and good faith belief that it was necessary to the fulfillment of operational efficiency – however, the adjudicator concluded that the eight–minute standard is not reasonably necessary to accomplish operational efficiency – as a result, he ordered the employer to cease using the eight-minute standard as a condition of employment for firefighters at the Department of National Defence.

Grievances allowed.