LABOUR RELATIONS |
Laplante v. Canada (Food Inspection Agency)
T-928-03
2004 FC 1345, Lemieux J.
30/9/04
12 pp.
Applicants, regional officers, plant protection/production, employed by Canadian Food Inspection Agency, challenging decision by Agency approving recommendation by Agency's Grievance Classification Committee, which considered positions to be correctly classified at AG-03 group and level, therefore dismissing claims they should be reclassified at higher level, AG-04, inspection manager--Challenge made by applicants whether Committee made error by not taking into account alternative classification BI-04 suggested to increase classification of disputed positions, or if it dismissed alternative classification, why it did so--Classification Grievance Committee's finding essentially factual, should be treated with greatest respect--Accordingly, standard of patently unreasonable decision applicable--Source, legitimacy of classification grievance settlement procedure in federal Public Service resting on two legislative provisions: Financial Administration Act and certain provisions of Public Service Labour Relations Act--Purpose of Treasury Board policy on classification system to ensure classification system determines relative value of all work performed in Public Service in equitable, uniform, efficient, effective manner, provides bases for payment of Public Service employees-- Committee having to decide whether positions held by applicants equivalent to BI-04 positions found in Agency-- Failing to make comparison as required by policy-- Committee not complying with Treasury Board's guidelines-- Application allowed--Financial Administration Act, R.S.C., 1985, c. F-11--Public Service Staff Relations Act, R.S.C., 1985, c. P-35.