Law360 Canada ( June 9, 2021, 5:40 AM EDT) -- Application by the Attorney General of Canada for judicial review of a decision by the Federal Public Sector Labour Relations and Employment Board. The respondent, Yates, worked as a case processing agent for the Department of Citizenship and Immigration. The department introduced new computerized processing methods with increased productivity targets for processing agents to alleviate a backlog in immigration cases. In 2011, the respondent was put on a performance improvement plan due to struggles with meeting the productivity targets. Although the respondent’s productivity improved, concerns persisted with processing errors. In April 2014, the department issued a written final warning advising the respondent she would be terminated for unsatisfactory performance if she continued to fail to meet productivity standards. The letter set out graduated targets on a timeline toward a final evaluation in July 2014. Prior to the final evaluation date, the respondent was terminated for unsatisfactory performance. The respondent grieved her dismissal. The board allowed the grievance on the basis that the department failed to clearly communicate performance standards in respect of processing errors, which formed part of the basis for the respondent’s dismissal. Canada sought judicial review....