Canada ( Attorney General ) v. Lajoie
A-894-91
Hugessen J.A.
10/11/92
11 pp.
Application to review and set aside decision of adjudicator appointed pursuant to Public Service Staff Relations Act -- Adjudicator allowed two grievances filed by respondent concerning calculation by employer of retroactive salary adjustment to which employee entitled following signature of new collective agreement -- Respondent appointed to position classified AU-02 on July 29, 1987 -- New annual salary of $38,377 calculated in accordance with ss. 65 and 66 of Public Service Employment Regulations -- "Promotion" under s. 65(1) -- Respondent then given "transfer" on August 1, 1988 -- New collective agreement concluded August 18, 1988 -- Dispute between parties as to effect of s. 27 of new collective agreement and application of Regulations -- Regulations, s. 65 should be read as enabling both employer and employee to know at once whether new appointment promotion, demotion or simply transfer -- Interpretation suggested by employer not taking into account line 1 of grid and word "from", clearly indicating starting-point of calculation -- Account must first be taken of any possible alteration of level before passing on to revision of pay-Respondent's salary review took place July 29, 1987, date of appointment to AU-02 position -- Then receiving annual salary of $38,377, basis on which new rates of pay to be calculated -- Application dismissed -- Public Service Employment Regulations, SOR/67-118, ss. 65, 66.