Digests

Decision Information

Decision Content

Ribeca v. Canada ( Treasury Board )

T-2776-93

Wetston, J.

14/11/95

9 pp.

Application to set aside Public Service Staff Relations Board (Board) decision denying applicant grievance regarding respondent's failure to maintain work environment free from sexual discrimination and harassment (declaration) -- Applicant alleging supervisor criticizing her work habits and performance; making embarrassing comments about her; intimidating her; and making sexually explicit comments to her-Supervisor denying all allegations -- Investigator unable to substantiate allegations -- In dismissing grievance, Board adjudicator characterizing applicant's evidence as contradictory -- Adjudicator making no specific findings regarding uncontradicted evidence of four incidents and whether amounting to sexual harassment or discrimination -- Although need not comment on all evidence, adjudicator must assess relevant evidence, decide on its appropriate weight and make evidentiary findings in context of particular allegations -- Uncontradicted facts clearly relevant -- Adjudicator erred in failing to consider evidence of four relevant incidents -- Application allowed-Matter referred back for reconsideration by different adjudicator.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.