PUBLIC SERVICE |
Termination of Employment |
Estwick v. Canada (Treasury Board)
T-946-03
2004 FC 970, Lemieux J.
20/7/04
13 pp.
Applicants filing joint grievance regarding termination of work as facilitators of sex offender rehabilitation program at Grande Cache Institution (GCI), federal penitentiary operated by Correctional Service of Canada (CSC)--Chief of Human Resources at GCI replied unable to process grievance as not employees of CSC under Public Service Employment Act-- Applicants seeking judicial review of decision--Applicants hired as independent contractors--Contract providing applicants paid fee per hour for services rendered, with monthly, yearly maximums--Third such contract stipulating GST should be applied to invoices--When applied to Canada Customs and Revenue Agency (CCRA) for GST numbers, informed deemed employees under contract of service, not under contract for services--Advised contracts terminated effective May 9, 2003--Applications dismissed as premature --Statutory scheme provided by Public Service Staff Relations Act (PSSRA) precluding, at this stage, application for judicial review--Obligation to follow prescribed remedial statutory scheme before engaging judicial review or, in some cases, action--PSSRA, s. 34 may be appropriate mechanism --Federal Court of Appeal's decision in Professional Association of Foreign Service Officers v. Canada (Attorney General), 2003 FCA 162, applied--S. 91 grievance scheme broadly worded, applies where employee feels grieved as result of occurrence or matter affecting terms, conditions of employment other than provision described in s. 91(a)(i), (ii)--Grievance officer able to determine whether grievor employee for purposes of s. 91--Applicants obligated to exhaust grievance process and, if applicable, arbitration process, before engaging Court's procedures--Public Service Employment Act, R.S.C., 1985, c. P-33--Public Service Staff Relations Act, R.S.C., 1985, c. P-35, ss. 34, 91.