PUBLIC SERVICE |
Labour Relations |
Chadwick v. Canada (Attorney General)
T-957-03
2004 FC 503, Mosley J.
31/3/04
13 pp.
Judicial review of Public Service Staff Relations Board's Adjudicator's decision dismissing applicant's grievance she had been performing duties of higher classification level from March 31, 1998 to July 30, 2001, on jurisdictional grounds-- Applicant worked as veterinarian with Canadian Food Inspection Agency (CFIA) at St. Thomas, Ontario office until office closed in September 2001--When District Veterinarian, classified as VM-02, retired on March 31, 1998, applicant (VM-01) assumed many but not all of VM-02's duties-- Grievance claiming acting pay pursuant to collective agreement--Adjudicator concluded not having jurisdiction to decide grievance as Public Service Staff Relations Act, s. 7 prohibited him from making decision that would reclassify applicant's position, result in reorganization of Public Service --Effect of granting grievance would be to reverse management's decision eliminating VM-02 position through reorganization--Adjudicator incorrect in interpreting grievance as one relating to reclassification of applicant's position, organization of Public Service--Applicant's grievance based on her belief collective agreement entitled her to acting pay during period substantially performing duties of VM-02 position at St. Thomas office--Adjudicator erred in refusing to accept, exercise jurisdiction of applicant's grievance--Dispute concerning remuneration rather than classification--Act, s. 7 cannot be used to relieve employers of financial commitments entrenched in collective agreement, voluntarily entered into through collective bargaining process (Public Service Alliance of Canada v. Canada (Treasury Board) (1987), 76 N.R. 229 (F.C.A.))--No evidence applicant had previously sought reclassification of position--Grievance not backdoor attempt to achieve indirectly through adjudication that which could only be achieved through different grievance procedure related to classification-- Application allowed--Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 7.