PUBLIC SERVICE |
Termination of Employment |
Endicott v. Canada (Treasury Board)
T-1438-03
2005 FC 253, Strayer D.J.
16/2/05
10 pp.
Judicial review of decision by Assistant Chief Human Resources Officer of RCMP (RCMP Officer) re: Public Service Staff Relations Act, s. 91 grievance--Applicant civilian employee of RCMP employed under series of successive term appointments between October 12, 1999 and March 31, 2003--Given one month notice term would not be renewed--Treasury Board policy in operation when applicant first employed (1999 policy) requiring five weeks' formal notification--That policy replaced by new policy April 1, 2003--Under new policy, employees with more than three years' continuous appointment to be appointed on indeterminate basis--Applicant filed grievance on basis not given required formal notice, therefore entitled to have term extended to April 4, 2003, bringing him within new policy-- That grievance dismissed by RCMP Officer--Interpretation of "formal notice"--Those words meaning written notice-- RCMP Officer's decision therefore incorrect because did not address that issue--Whether 1999 policy creating legal rights depending on intent, context in which directive issued--No indication in policy or its context that it should be treated as a law conferring term appointment on applicant to April 4, 2003--Public Service Employment Act, s. 25 providing that employee appointed for specified period ceases to be employee at expiration of period--To direct applicant must be treated as having had appointment until April 4, 2003 would be to give precedence to policy over Act of Parliament--Also, case law strongly against Court circumventing through judicial review statutory grievance procedure, giving, refusing remedies available under procedure--Matter referred back for reconsideration--Public Service Staff Relations Act, s. 91 not limiting grievance officer to recommending only observance of legally prescribed rights--Application allowed--Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 91-- Public Service Employment Act, R.S.C., 1985, c. P-33, s. 25.