| Citation: |
Canada (Attorney General) v. Amos, 2009 FC 1181, [2010] 1 F.C.R. D-4 |
T-1627-08 |
Public Service
Jurisdiction
Judicial review of decision by adjudicator regarding grievance referred to adjudication pursuant to Public Service Labour Relations Act, S.C. 2003, c. 22, s. 209 (PSLRA), but settled before decision rendered on merits—Respondent challenging 20-day disciplinary suspension without pay—At hearing, parties reaching settlement set out in memorandum of agreement (MOA)—Following MOA, respondent not withdrawing grievance, asking Board reopen adjudication on ground Deputy Head failing to comply with MOA—Adjudicator ordering hearing resume for purpose of determining whether Deputy Head complying or not with terms of MOA—Issue whether adjudicator exceeding jurisdiction when ordering resumption of hearing for above-mentioned purpose—While other labour relations regimes allowing adjudicator to retain jurisdiction over grievance once settlement reached, not the case so far within public service—No clear indication Parliament, in adopting PSLRA, sought to change this—Pursuant to PSLRA, s. 226(2) (power to mediate), when agreement signed, only possible for adjudicator to proceed with grievance of unresolved issues that are not included in MOA—MOA evidencing parties’ intention to abandon procedure under PSLRA, s. 209—Parties’ dispute brought to an end by MOA, adjudicator’s jurisdiction ceasing to exist—Application allowed.
Canada (Attorney General) v. Amos (T-1627-08, 2009 FC 1181, Boivin J., judgment dated November 20, 2009, 30 pp.)