Marginal note:Decision requiring amendment
229. An adjudicator’s or the Board’s decision may not have the effect of requiring the amendment of a collective agreement or an arbitral award.
- 2003, c. 22, s. 2 "229";
- 2013, c. 40, s. 379.
Marginal note:Determination of reasonableness of opinion
230. In the case of an employee in the core public administration or an employee of a separate agency designated under subsection 209(3), in making a decision in respect of an employee’s individual grievance relating to a termination of employment or demotion for unsatisfactory performance, an adjudicator or the Board, as the case may be, must determine the termination or demotion to have been for cause if the opinion of the deputy head that the employee’s performance was unsatisfactory is determined by the adjudicator or the Board to have been reasonable.
- 2003, c. 22, s. 2 "230";
- 2013, c. 40, s. 379.
Marginal note:Determination of consent requirement
231. An adjudicator or the Board, when seized of a grievance referred to in subparagraph 209(1)(c)(ii), may determine any question relating to whether
(a) consent to being deployed was a condition of the employee’s employment; or
(b) the employee harassed another person in the course of the employee’s employment.
- 2003, c. 22, s. 2 "231";
- 2013, c. 40, s. 380.
Marginal note:Decision in respect of certain policy grievances
232. If a policy grievance relates to a matter that was or could have been the subject of an individual grievance or a group grievance, an adjudicator’s or the Board’s decision in respect of the policy grievance is limited to one or more of the following:
(a) declaring the correct interpretation, application or administration of a collective agreement or an arbitral award;
(b) declaring that the collective agreement or arbitral award has been contravened; and
(c) requiring the employer or bargaining agent, as the case may be, to interpret, apply or administer the collective agreement or arbitral award in a specified manner.
- 2003, c. 22, s. 2 "232";
- 2013, c. 40, s. 381.
Marginal note:No review by court
233. Subsections 34(1) and (3) of the Public Service Labour Relations and Employment Board Act apply, with any necessary modifications, to an adjudicator’s orders and decisions.
- 2003, c. 22, s. 2 "233";
- 2013, c. 40, s. 382.
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