PUBLIC SERVICE |
Labour Relations |
Bédirian v. Canada (Attorney General)
T-1987-02
2004 FC 566, Tremblay-Lamer J.
14/4/04
11 pp.
Judicial review of decision by Adjudicator member of Public Service Staff Relations Board of Canada (Adjudicator) (2002 PSSRB 89) refusing to retain jurisdiction with regard to claims, damages in grievance of applicant, lawyer at Department of Justice against whom complaint of sexual harassment filed--Deputy Minister of Justice validated investigators' findings complaint satisfied legal requirements of sexual harassment, imposed numerous disciplinary sanctions--Applicant filed grievance against measures with Public Service Staff Relations Board-- Adjudicator allowed applicant's grievance but determined inappropriate "to retain jurisdiction in respect of additional claims in complainant's grievance"--Applicant submitting Adjudicator infringed elementary rules of natural justice in deciding inappropriate to retain jurisdiction without hearing parties--Further, in failing to retain jurisdiction on aspect claimed specifically in applicant's grievance without objection first being raised to Adjudicator's jurisdiction, Adjudicator refused to exercise jurisdiction, made reviewable error on jurisdictional issue giving rise to judicial review--Right of public employee, unionized or not, to file grievance, to refer it to arbitration provided by Public Service Staff Relations Act (Act), s. 92(1)(b)--Whether additional claim based on facts relating to situation provided under s. 92(1)(b)--In this case, since claim arises from disciplinary action resulting in suspension, monetary penalty, no question claim closely connected to character of dispute--Respondent's argument Adjudicator's jurisdiction under Act extends only to ordering monetary compensation for loss of salary and benefits caused by suspension could not succeed--In fact, if Adjudicator's jurisdiction so limited, Adjudicator not empowered either to award damages for Charter violations, as recognized by Supreme Court in Weber v. Ontario Hydro, [1995] 2 S.C.R. 929--Adjudicator erred on jurisdictional issue in finding inappropriate to retain jurisdiction with respect to additional claims contained in grievance, without hearing parties-- Application allowed--Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 92(1)(b) (as am. by S.C. 1992, c. 54, s. 68).