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.