Canada ( Treasury Board ) v. Rinaldi
T-761-96
Noël J.
25/2/97
11 pp.
Grievance with respect to abolition of position-Application for order prohibiting Adjudicator selected under Public Service Staff Relations Act (PSSRA) from hearing and adjudicating respondent's grievance on ground lacked jurisdiction-Respondent's position at Canadian Space Agency abolished-Grievance dismissed on ground decision made in conformity with PSEA, s. 29-Respondent deciding to refer grievance to adjudication under PSSRA, s. 92-Applicant arguing Adjudicator without jurisdiction to hear case as decision made under PSEA, which, according to PSSRA, s. 92(3), barred referral to adjudication-Adjudicator deciding to pursue hearing on basis had jurisdiction in so far as lay-off was subterfuge to terminate respondent's employment-To qualify for adjudication, respondent must, inter alia, prove termination of employment or demotion pursuant to Financial Administration Act (FAA)-Case at bar raising two questions: (1) whether respondent could alter grievance once before Adjudicator; and (2) whether Adjudicator could hear grievance when employer relying on abolition of position under PSEA, s. 29-Application dismissed-With regard to second question, Adjudicator right to find that in so far as lay-off was disguised disciplinary dismissal carried out in bad faith, had jurisdiction to hear and decide grievance-However, would be very difficult to prove-With regard to first question, grievance employee tried to present before Adjudicator not new grievance unrelated to original one-Respondent referred therein to damage to his reputation-Moreover, respondent presented second grievance at same time against disciplinary actions and abolition of his position, which gave employer sufficient notice of exact nature of grievance-Public Service Employment Act, R.S.C., 1985, c. P-33, s. 29 (as am. by S.C. 1992, c. 54, s. 19; 1995, c. 17, s. 8)-Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 92 (as am. by S.C. 1992, c. 54, s. 68)-Financial Administration Act, R.S.C., 1985, c. F-11.