Canada ( Attorney General ) v. Lebreux
A-81-94
Létourneau J.A.
16/11/94
5 pp.
Application for judicial review of PSSRB decision which allowed application to review one of its earlier decisions -- Respondent, who worked for Public Works Department in Matane, first suspended then dismissed for disciplinary offences -- Filed two grievances challenging suspension and dismissal -- Subsequently informed Board in writing wished to withdraw two ongoing grievances pursuant to agreement between parties -- Later changed his mind and decided to file two grievances-Question as to legal scope of respondent's discontinuances of grievance proceedings and whether Board had power under Public Service Staff Relations Act, s. 27 to quash "the order" to close files which it made as consequence of discontinuance -- Board did not have to make "order" as it did, to close respondent's files simply as administrative matter -- From time respondent discontinued grievances Board and designated adjudicator became functus officio since matter no longer before them -- Act of discontinuance forthwith terminated grievance process in respect of which filed-Application allowed -- Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 27.