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Public Service

Labour Relations

Judicial review of RCMP Organization and Classification Directorate Director’s decision relating to applicant’s classification grievance—Following commencement of current application, employer rescinding Director’s decision, deciding to convene new Classification Grievance Committee to re-hear grievance—Respondent thus arguing judicial review moot—Director’s decision final level decision—Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 96(3) providing no further action under Act may be taken thereon—Respondent not having authority to unilaterally rescind Director’s decision as such action constituting “further action”—As decision remaining in effect, application not moot—Classification Committee’s decision patently unreasonable—Application allowed. 

Gilbert v. Canada (Treasury Board) (T-1823-06, 2008 FC 202, Mactavish J., judgment dated February 15, 2008, 16 pp.)

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