What is the test for "non-culpable deficiency in performance" in employment law?
Canada (Federal), Canada
The following excerpt is from Hayter v. Deputy Head (Department of National Defence), 2015 PSLREB 15 (CanLII):
39 On the other hand, the grievor referred me to the oft-cited decision in Edith Cavell Private Hospital v. Hospital Employees' Union, Local 180 (1982), 6 L.A.C. (3d) 229. Turning to page 4 of that decision, the grievor suggested the learned arbitrator had defined the criteria that must be proven by an employer to justify "non-culpable deficiency in job performance."
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