You Received a Notice of Leave of Absence

Some MyAPSChoice members are being provided with a written notice from your manager informing you that you will be placed on a leave of absence without pay and that during that time period you are required to “buy back” your benefits contributions. There are some stark inaccuracies in these notices and the GoA has not followed their own disciplinary due process procedures.

Primarily, the following accusation needs to be proven by your employer before you can receive discipline:

“Despite the provision of information resources and multiple attempts made to inform you of the consequences of non-compliance, you have failed to meet the requirements under the policy and are deemed to be non-compliant.”

• What specifically, in documentary evidence format, information resources have been provided? When, where and how? The GoA must prove this.
• What multiple attempts? When, where and how? The GoA must prove this.
• What have you failed to do? When, where and how? The GoA must prove this.
• Why are you deemed non compliant? When, where and how? The GoA must prove this.

Every GoA employee accused of a “failing to meet the requirements under [any] policy” and in receipt of any suggestion of discipline as a consequence – is first legally entitled to:

• Receiving full disclosure of the evidence that support the allegations
• Receiving full disclosure for the purposes of legal examination
• Knowing the name of the accuser
• An opportunity to formally respond to the allegations
• Legal representation or Union delegation representation
• Participation in an adjudication process

We recommend that when or if you receive such a notice:

1. Submit a Notice of Liability addressed to your manager and naming them personally.
2. Advise your manager that you are a complainant is several formal submissions to oversight agencies, and have legal representation, and that any action to force you to take a leave of absence would be considered “retaliation” and several statute or policy violations.
3. Advise your manager that he/she is not following due process based on the GoA’s own policy and management directive on discipline (as per the above 10 bullets), and as such the Office of the Ombudsman is investigating their failure to follow the rules of natural justice.
4. Advise your manager that his/her deviation from the disciplinary due process is equivalent to workplace harassment based on the GoA’s own policy, and as such Employee Relations is investigating their conduct.
5. File a grievance with the AUPE informing them that your employer has imposed discipline without providing you with an opportunity for Union representation.
6. Notify the MyAPSChoice legal counsel that you are interested in being part of a class action law suit.