Coppin and Gill-Conlon v. Canada Revenue Agency

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2009 PSLRB 81

Before: Renaud Paquet
Decision Rendered: June 30, 2009
Original Language: English

Leave with or without pay for other reason – Snowstorm – Whether grievors made reasonable efforts to report to work

The grievors contested the employer’s denial of their requests for leave with pay when they claimed that they were prevented from reporting to work due to severe winter weather conditions – Mr. Coppin attempted to move his pickup truck but got stuck and spent two hours shovelling to allow him to park his truck in a driveway – his street was only plowed mid-afternoon that day, and public transportation was not a viable option as the bus stop was too far to walk to and the bus ride too long – Ms. Gill-Conlon attempted to reach work but turned back after finding the roads too risky – she is not aware of any public transportation to her work location – the employer felt that the grievors did not make a reasonable effort to get to work – all other employees at the grievors’ work location either made it to work or requested annual leave – the adjudicator held that the grievors should not have their rights restricted by other employees’ interpretations of the collective agreement – the employer’s decision must be based on the merits of each request – both grievors made reasonable efforts to get to work.

Grievances allowed.