Does a grievor have the burden of proving that the collective agreement was breached?
Canada (Federal), Canada
The following excerpt is from Reynolds v. Treasury Board (Correctional Service of Canada), 2019 FPSLREB 47 (CanLII):
48 The grievor did not meet the burden of proving that the collective agreement was breached. The agreement does not include an obligation on the employer to report injuries. Merely entering documents into evidence does not discharge the burden of proof. He had the onus to clearly demonstrate on the balance of probabilities that what he alleged took place (see Arsenault v. Parks Canada Agency, 2008 PSLRB 17).
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