What is the test for determining whether a deputy head or supervisor who assessed an employee’s performance was involved in a bad faith exercise?
Canada (Federal), Canada
The following excerpt is from Grant v. Deputy Head (Correctional Service of Canada), 2017 PSLREB 59 (CanLII):
105 The grievor cited the decision in Raymond v. Treasury Board, 2010 PSLRB 23 at para. 131, which finds that when determining if an employer acted reasonably in its decision to terminate an employee, one of the factors to consider is if the deputy head or supervisors who assessed the employee’s performance were involved in a bad faith exercise. If so, then the employer did not act reasonably. The grievor argued that his other allegations, which I have found to be substantiated in the case of racial discrimination, show the mind of the delegated decision maker was influenced by his bad faith towards the grievor.
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