PUBLIC SERVICE |
Labour Relations |
Pieters v. Canada
T-817-00
2001 FCT 496, McKeown J.
16/5/01
9 pp.
Motion to strike plaintiff's claim--Plaintiff stating serious issues affecting constitutional rights as African Canadian male to equality in employment with Government of Canada and to protection from discriminatory and bad faith discharge by Registry of Federal Court--Plaintiff accepted position as registry officer with Registry of Federal Court for specified period--Contract not renewed--Plaintiff filed grievance alleging decision not to renew contract inequitable, vindictive, resulted in wrongful dismissal--Grievance dismissed at final level on ground employment not "dismissal", but expiration of "specified term"--Plaintiff party to collective agreement--Under Public Service Staff Relations Act (PSSRA), employee who feels aggrieved by interpretation, application of provision of collective agreement entitled to present grievance--PSSRA providing decision at final level in grievance process final, subject to right of applicant to seek judicial review of adjudication process under Federal Court Act--Well established PSSRA complete code governing relations between Crown, employees and that grievance procedure only recourse available to public servants--Johnson-Paquette v. Canada (2000), 253 N.R. 305 (F.C.A.), holding action could not proceed having regard to dispute resolution process available to appellant, binding--Although plaintiff's claim raising important Charter issues, plaintiff could have presented such issues before adjudicator; if adjudicator refused to hear such issues, plaintiff entitled to present them to Federal Court on application for judicial review--Or plaintiff could have proceeded by judicial review of filed grievance, but not raising Charter issues in grievance procedure--Motion allowed--Public Service Staff Relations Act, R.S.C., 1985, c. P-35--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44].