Previously printed in the LexisNexis Labour Notes
Newsletter.
The Federal Court of Appeal recently overturned a decision of
the Public Service Labour Relations and Employment Board (the
"Board") concerning the National Attendance Management
Policy (NAMP) promulgated by Correctional Service Canada (CSC) for
its unionized employees: Bodnar v. Treasury Board
(Correctional Service of Canada), 2017 FCA 171. The Board had
determined that the NAMP discriminated against a group of employees
because their absences related to disability and family reasons
were counted for the purpose of comparing the employees'
attendance records to a rolling average attendance rate for the
workforce.
The applicable collective agreement included clauses granting
employees paid sick leave and paid leave for family-related
reasons. The latter clause permitted leave for a variety of reasons
(e.g. school functions or appointments with legal or financial
advisors) that would not attract a human
