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166-2-26571 to 26573 and 26585
Dupuis and Treasury Board (Human Resources Development Canada)
Before: M-M. Galipeau
Appearances: A. LaBissonnière, for the Grievor; A. Garneau, for the Employer
Decision rendered: April 21, 1997
Termination (non-disciplinary) - Incompetence - the grievor, a clerk, filed a grievance against a negative performance review and a grievance against her termination for incompetence - two other grievances were withdrawn at the hearing - the evidence presented by the employer referred to the grievor's performance in three different clerk positions in Verdun and Pointe-Claire - four persons who supervised the grievor testified that she could not perform the simple tasks required of a person holding the positions in question - training programs were designed specifically for the grievor and she was monitored closely, but all of these efforts came to nothing - the grievor argued that the employer monitored her too closely, that her fellow workers looked down on her and that she would have had a better chance of succeeding if she had been able to work in English, her mother tongue - the adjudicator found that the employer had proved on a balance of probabilities that the grievor was unable to perform the work required in the positions she held - the reasons for this were her lack of knowledge, her inability to translate her knowledge into concrete action, her resistance to learning and to being helped by others and her conviction that her superiors and fellow workers were the source of her problems - the adjudicator found that the employer had tried every means humanly possible to assist the grievor and make a competent employee out of her - no evidence was presented about any contravention of the collective agreement in connection with her performance review.