Johnson v. Canada ( Treasury Board )
T-349-93
McKeown J.
24/11/93
7 pp.
Application to review and set aside part of PSSRB decision -- Applicant suspended from work for 20 days for allegedly sexually harassing two clients and employee -- Applicant grieving both discipline and penalty -- PSSRB concluding not convinced sexual harassment occurring, but pattern of "unusual personal behaviour" in breach of TB policies warranting suspension -- Application allowed -- PSSRB committing patently unreasonable error of law in sustaining 20-day suspension on ground of "unusual personal behaviour" after finding no basis for sexual harassment allegation -- PSSRB deciding in favour of applicant on question before it, but proceeding to decide question not before it -- Applicant not having opportunity to present evidence on question decided by PSSRB -- PSSRB not having authority to assume role of management to impose more severe penalties or to impose penalties on grounds not alleged by employer -- Fact part of decision dealing with matter not before PSSRB patently unreasonable -- Part of PSSRB's decision sustaining suspension and other penalites severed and quashed -- Public Service Staff Relations Act, R.S.C., 1985, c. P-35, ss. 91, 92, 101 -- Federal Court Act, R.S.C., 1985, c. F-7 , ss. 18 (as am. by S.C. 1990, c. 8, s. 4), 18.1 (as am. idem, s. 5).