[2017] 4 F.C.R. D-3
Public Service
Labour Relations
Judicial review of Public Service Labour Relations and Employment Board decision (2016 PSLREB 16) allowing grievances and overturning suspension, revocation of respondent’s reliability status after determining it had jurisdiction to dispose of respondent’s grievances not only under Public Service Labour Relations Act, S.C. 2003, c. 22, s. 2 (PSLRA), s. 209(1)(b), but also under s. 209(1)(c) — Respondent, civilian employee of Royal Canadian Mounted Police (RCMP), having access to RCMP databases, providing administrative support — At party organized by respondent’s unit supervisor, respondent taking marijuana — Following security investigation, respondent informed reliability status suspended — Respondent’s employment subsequently terminated under Financial Administration Act, R.S.C., 1985, c. F-11 (FAA), s. 12(1)(e) since loss of reliability status meant respondent no longer meeting essential condition of employment — Following termination, respondent filing several grievances challenging suspension, revocation of reliability status, suspension of employment, termination — Board allowing all grievances filed by respondent, except one — Issue whether Board having jurisdiction under PSLRA, s. 209(1)(c) to examine merit of employer’s decision to determine whether reason given, namely revocation of reliability status, well-founded — Board not erring by claiming jurisdiction under s. 209(1)(c) — Applicant relying on majority line of authority stating Board lacking this jurisdiction, only Federal Court having this jurisdiction in judicial review — Majority line of authority relied on by applicant challenged by another emerging line of authority stating Board having jurisdiction under s. 209(1)(c) to examine merit of employer’s decision to revoke employee’s reliability status — In Bergey v. Canada (Attorney General), 2017 FCA 30, Court noting care required in reading older case law decided under predecessor versions of PSLRA; termination of indeterminate employees in public service requiring cause; statutory amendments over last few decades broadening, clarifying scope of Board’s jurisdiction — Majority line of authority upheld by Board should be disregarded — Wording of PSLRA, s. 209(1)(c) and FAA, s. 12(1)(e) favouring interpretation granting Board necessary jurisdiction to examine whether grounds for termination relating to revocation of respondent’s reliability status valid, arising from security concerns rather than reaction to misconduct — Irrespective of whether basis for termination disciplinary or administrative, FAA, s. 12(3) not creating distinction, providing that cause required for termination — Board’s interpretation of jurisdiction in line with letter, spirit of PSLRA, FAA — Ultimately, Board not erring in analysis — Appeal dismissed.
Canada (Attorney General) v. Féthière (A-91-16, 2017 FCA 66, Scott J.A., judgment dated March 31, 2017, 18 pp.)