Sherry Lee Nowlan sought a judicial review of the decision from the Federal Public Service Labour Relations and Employment Board in Nowlan v. Treasury Board (2021 FPSLREB 34).
The issue revolved around section 12.1 of the National Joint Council's Relocation Directive.
This directive was part of the collective agreement.
Nowlan argued her transfer to another office should be seen as employer-initiated, qualifying her for relocation expense coverage.
The employer didn't give written certification to state that filling the vacancy wouldn't lead to relocation costs.
The court evaluated the Directive and the collective agreement.
It found Nowlan didn't get written permission for her expenses due to the employer's misunderstanding about relocation approval.
The court stressed the need for clarity in the agreement. - It ruled the employer couldn't choose whether to cover the relocation costs.
The court leaned on common sense over technical contract interpretation concerning section 12.1.2 of the Directive.
It overlooked both Nowlan's and the employer's failures related to written authorizations.
The employer's claim about denying the grievance based on promissory estoppel was turned down by the court.
The court determined Nowlan had a right to her relocation expense reimbursement.
However, her claim for leave reimbursement during the move was declined.
In conclusion, the court supported Nowlan's appeal, directing the employer to pay her relocation expenses.
