What is the legal test for an employee to be represented in a professional representation?
Canada (Federal), Canada
The following excerpt is from Richard v. Professional Institute of the Public Service of Canada, 2021 FPSLREB 23 (CanLII):
The represented employee might disagree with or be dissatisfied with his or her representation. That is not the measure of the obligation (see Bergeron v. Public Service Alliance of Canada, 2019 FPSLREB 48). Rather, to determine a violation of s. 187 of the Act, it must be found that the employee’s right to be represented without discrimination, in good faith, and in a manner that was not arbitrary, was infringed.
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