PUBLIC SERVICE |
Tremblay v. Canada (Attorney General)
A-340-99
Desjardins J.A.
21/9/00
4 pp.
Salary freeze--Appeal from Motions Judge's decision dismissing application for judicial review of Public Service Staff Relations Board member's decision (Tremblay v. Canada (Attorney General) (1999), 174 F.T.R. 207 (F.C.T.D.))--Interpretation of Public Sector Compensation Act, s. 5(1.1)--Appellants argued that after two-year salary freeze period, employees in question entitled to receive, on dates specified in applicable pay plan, compensation corresponding to salary level calculated in accordance with progression occurring during freeze, as only payment suspended during freeze, not progression within scale--Appeal dismissed--S. 5(1.1) providing "no employee shall be entitled to the incremental increases . . . or other similar forms of compensation"--Clear employees thus denied not only payment of increase but also progression within salary scale during period in question--Trial Judge right to accept interpretation given to section by member and that s. 5(1.1) of 1991 Act comprising permanent residual effect--Payment of compensation and progression in salary scale halted until end of freeze--Public Sector Compensation Act, S.C. 1991, c. 30, s. 5(1.1) (as enacted by S.C. 1994, c. 18, s. 3).