CAPE Files Policy Grievance Over Leave Reconciliation Initiatives

August 15, 2013

In reaction to the employer’s decision to undertake leave reconciliation initiatives in various departments, including Department of Justice and Public Prosecution Services Canada, CAPE has filed a policy grievance pursuant to section 220 of the Public Service Labour Relations Act.

The grievance arises from the employer’s decision to implement a leave reconciliation process to account for discrepancies identified when comparing leave recorded using iCase to leave recorded using Peoplesoft. Employees are being asked to reimburse the employer any leave discrepancies identified as a result of this comparison.

It is CAPE’s position that the employer has exercised its rights and discretion pursuant to the EC collective agreement in an unreasonable, arbitrary and bad faith manner.

In general, deductions are permitted for overpayment of salary, wages, pay or pay allowances under the Financial Administration Act. However, the employer has no authority to unilaterally alter or recover leave credits or make unilateral pay deductions. Nor is there a legal obligation to recover alleged overpayments on leaves which were approved by management.

As a policy grievance the outcome will impact all members who have been affected by the employer’s decision to implement a leave reconciliation process. As such CAPE does not feel that individual grievances filed by members will strengthen the case.

A hearing has been scheduled in this matter for September 5, 2013. Updates on this matter will be posted as they arise.