Carby-Samuels v. Canada ( Treasury Board )
T-2861-93
Noël J.
8/9/94
8 pp.
Application for judicial review of decision by Public Service Staff Relations Board denying applicant's grievance -- Applicant federal employee for almost twelve years -- Laid off three times due to governmental reorganizations, task attritions -- Final lay-off effective May 29, 1992 -- Applicant failing to qualify for new position -- Over period of fourteen months, work performance assessed as unsatisfactory on 3 occasions by 3 different managers -- Retraining unsuccessful-Applicant arguing before Board lay-off made in violation of collective agreement and Work Force Adjustment Directive -- Board denying grievance -- In order to succeed, applicant must convince Court Board's decision patently unreasonable -- Meaning of "reasonable job offer" in Directive -- Board's reasons stating concisely and with precision grounds for decision -- No ground to depart from applicable standard of review by reference to alleged inadequacy of reasons -- Board concluding job offer reasonable for purpose contemplated, or fit and appropriate to end in view -- No palpable error in Board's decision -- Board also finding Directive did not create absolute entitlement to minimum two-year training period -- Finding of fact Board entitled to make -- Application dismissed.