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T-1514-81
Claude Gobeil (Applicant) v.
Public Service Staff Relations Board and Michelle Falardeau-Ramsay (Respondents)
and
The Queen for the Treasury Board, represented by the Deputy Attorney General of Canada (Mis -en- cause)
Trial Division, Addy J.—Montreal, March 30, 1981.
Prerogative writs Mandamus Refusal of Adjudicator to hear applicant's application for adjudication on the ground of lack of jurisdiction Applicant refused to meet with his postmaster before he could report for work Applicant contends that his absence from his employment and his loss of salary, which became the subject-matter of a grievance, resulted from disciplinary action taken by the employer resulting in a suspension or a financial penalty Whether the condition imposed on the employee to meet with his postmas ter constitutes disciplinary action or a decision of an adminis trative nature Whether the applicant's grievance on his loss of salary falls under s. 91(1) or s. 95(3) of the Public Service Staff Relations Act Public Service Staff Relations Act, R.S.C. 1970, c. P-35, ss. 91(1), 95(3) Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 18.
APPLICATION. COUNSEL:
R. Bertrand for applicant.
J. P. Aubre for respondents.
J. C. Demers for mis -en-cause.
SOLICITORS:
Trudel, Nadeau, Lesage, Cleary & Ménard, Montreal, for applicant.
J. P. Aubre, % Public Service Staff Rela tions Board, Ottawa, for respondents.
Deputy Attorney General of Canada for mis -en-cause.
The following are the reasons for order ren dered in English by
ADDY J.: The case at bar does not in any way involve the interpretation of clause 2.01 of the
collective agreement, as counsel for the applicant argued. Paragraph 91(1)(a) therefore does not apply.
The fifteen-minute suspension imposed on Feb- ruary 19, 1979, resulting in a loss of salary for that period, constitutes disciplinary action resulting in a financial penalty, in accordance with the provi sions of paragraph (b) of section 91(1)'. Since the applicant did not submit a grievance for this sus pension and loss of salary, it is clear that the Adjudicator could not base his jurisdiction on this procedure.
The conditions imposed on the employee, to meet with his postmaster before he could report for work the following day, do not constitute disci plinary action, but rather a decision of a purely administrative nature which was quite normal in the circumstances.
The absence of the applicant from his employ ment between February 13 and 19, and the loss of salary for that period, resulted directly and solely from the employee's refusal to comply with this administrative direction by the employer, and not from disciplinary action taken by the latter result ing in a suspension or a financial penalty. The principle of "no work, no pay" applies.
The grievance submitted on this loss of salary, which was taken to the highest level, accordingly falls under the provisions of section 95(3) and not section 91(1). The grievance therefore cannot be the subject of an appeal to a board of adjudication.
The application is dismissed with costs.
In order to be designated a party to a judicial proceeding, a person must have an interest in the case or matter before the court. Accordingly, such a person is entitled to make representations to the court, or to be represented by counsel in order to protect his or her interest. On the other hand, neither the court nor the person or persons con stituting the court can personally have any interest in the litigation nor can they directly or indirectly participate in it even where it might relate to a proceeding ultimately resulting in an order that would require them to perform certain judicial functions. They are prohibiteli from making
' Public Service Staff Relations Act, R.S.C. 1970, c. P-35.
representations or being represented by counsel in another court in such circumstances. It follows that the style of cause, in a proceeding in a higher court with a power of supervision over the lower court, should never identify the lower court as a party to the cause.
IT IS THEREFORE ORDERED THAT the style of cause in the proceeding at bar be varied to read:
IN THE MATTER OF the Public Service Staff Relations Act, R.S.C. 1970, chapter P-35,
AND IN THE MATTER OF an application for adjudication by CLAUDE GOBEIL, made to the Public Service Staff Relations Board,
AND IN THE MATTER OF a refusal by an Adjudicator of the Public Service Staff Relations Board, dated May 20, 1980, to hear the application for adjudication on the ground of a lack of jurisdiction,
BETWEEN:
CLAUDE GOBEIL
applicant
—and—
HER MAJESTY THE QUEEN, represented
by the Attorney General of Canada
respondent.
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