Public Servants Disclosure Protection Act

Marginal note:Disciplinary action

• 21.8 (1) The Tribunal may, by order, require the Governor in Council, the employer or the appropriate chief executive, or any person acting on their behalf, to take all necessary measures to take the disciplinary action, including termination of employment or revocation of appointment, specified by the Tribunal against any person named in the application who was determined by it to have taken the reprisal.

• Marginal note:Factors

  (2) In making the order the Tribunal must take into account the factors ordinarily considered by employers when they discipline their employees, including, but not limited to,

  • (a) the gravity of the reprisal;

  • (b) the level of responsibility inherent in the position that the person occupies;

  • (c) the person’s previous employment record;

  • (d) whether the reprisal was an isolated incident;

  • (e) the person’s rehabilitative potential; and

  • (f) the deterrent effect of the disciplinary action.

• Marginal note:Additional factors

  (3) In making the order the Tribunal must also take into account

  • (a) the extent to which the nature of the reprisal discourages the disclosure of wrongdoing under this Act; and

  • (b) the extent to which inadequate disciplinary action in relation to the reprisal would have an adverse effect on confidence in public institutions.

• Marginal note:Grievance precluded

  (4) The person against whom disciplinary action is taken as a result of an order made under subsection (1) may not initiate a grievance or other similar procedure under an Act of Parliament or a collective agreement in respect of the disciplinary action.

• Marginal note:Restriction — RCMP

  (5) The disciplinary action that the Tribunal may order with respect to a member of the Royal Canadian Mounted Police is limited to a conduct measure established under paragraph 39.1(a), or a conduct measure referred to in paragraph 45(4)(a) or (b), of the Royal Canadian Mounted Police Act, or any combination of them.

• Marginal note:Royal Canadian Mounted Police Act

  (6) The Tribunal may make an order under subsection (1) in relation to a member of the Royal Canadian Mounted Police despite subsections 32(1) and 45.16(9) of the Royal Canadian Mounted Police Act.

• Marginal note:Royal Canadian Mounted Police Act

  (7) An order made under subsection (1) in relation to a member of the Royal Canadian Mounted Police may be implemented by the Governor in Council or Commissioner of the Royal Canadian Mounted Police despite Part IV of the Royal Canadian Mounted Police Act.