Does a Deputy Head's ability to assess an employee's performance in the workplace constitute an exercise of management rights?
Canada (Federal), Canada
The following excerpt is from Lortie v. Deputy Head (Canada Border Services Agency), 2019 FPSLREB 10 (CanLII):
298 The deputy head’s ability to assess an employee’s performance in the workplace is an exercise of the deputy head’s management rights. An adjudicator has a very narrow scope of authority over terminations for poor performance of employees in the core public administration. The adjudicator is allowed to intervene only if the employer’s assessment of the employee was unreasonable. The adjudicator has no mandate to intervene and assess the appropriateness of the termination (see Raymond v. Treasury Board, 2010 PSLRB 23 at paras. 123 and 124).
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