Banerd v. Canada
A-676-94
Hugessen J.A.
28/2/96
4 pp.
Appeal from decision striking out paragraphs requesting order of reinstatement, asserting respondents exceeding jurisdiction under Public Service Employment Act, s. 29 by treating expiration of term of deployment agreement as discontinuance of function justifying layoff, requesting declaration of unlawful dismissal-That plaintiff could have sought relief for alleged illegal lay-off under Public Service Employment Act, Public Service Staff Relations Act cited as reason for striking paragraphs-Common ground PSSRA could provide no relief of any kind to laid off person-Public Service Employment Act, s. 7.1 permitting Commission to conduct investigations, audits on any matter within its jurisdiction-Decision to lay off under s. 29(1) reserved exclusively to deputy head; Commission's jurisdiction thereunder limited to making of regulations-That jurisdiction not including power to remedy any allegedly improper application of statute or regulations by deputy head-No other provision providing relief-Appeal allowed-Public Service Employment Act, R.S.C., 1985, c. P-33, ss. 7.1 (as enacted by S.C. 1992, c. 54, s. 8), 29(1) (as am. idem, s. 19)-Public Service Staff Relations Act, R.S.C., 1985, c. P-35.